SeekLegalHelp (Techie) 17 March 2014

False 498a filed after completion of dvc

Brother's wife filed DVC( Domestic violence case) 2 years back on Husband + In Laws. DV case is disposed and the order says it is dismissed against Respondent 2 and 3. Respondents 2 and 3 are parents of R1.

She filed false 498A case on R1, R2, R3 after 2 years of filing DVC with malicious intent to harass husband and his parents and extort huge money. Current stage is FIR is registered. R1 has taken bail.

How to tackle this ? Should quash be filed on FIR or wait till charge sheet is done and then go for quash ?

For R2 and R3( Parents) - can the names of R2 and R3 be removed from 498A case ? what is the best way for removing R2 and R3 names ? Since R2 and R3 names were removed in DV case, can that be used for removing them ? What is the right time to initiate the quash, should we wait until charge sheet is done or can it be done prior ?

Please suggest if there are any Judgements where after filing the DVC and its disposal 498a was filed and it was quashed.

Thanks

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2 Replies

Gautam Kapoor (IT professional Studying Law) 19 March 2014

@Techie - quash can only be done when you have a FIR. DV/498 are different sort of ugly tormenting beasts bred with a common intention.Good that the parents names got relegated in DV case but in 498 it may not be possible.The goal is to get AC bail for all the people accused in the false malafide 498a, and once the FIR is booked try to quash in the higher courts, if quash fails, fight it out.

In my knowledge there are no such Judgements where after filing the DVC and its disposal 498a filed could be quashed. Quash is based on merits.Also by looking at your query looks like DB still persists on the respondent.

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