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Hemanth Kumar (student)     05 April 2010

how to quash 498a in high court

Hi,

Please help me with the procedure how to quash a case U/s 498 A IPC.

Thanks & regards



Learning

 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     05 April 2010

Dear Hemant,

 

You can file a petition Under Section 482 of Cr.P.C.  before the concerned state High court and pray for quash of the FIR & Chargsheet and Proceeding pending before the lower court.

 

For your reference about the recent and previous judgments kindly go through on the below website and check all the judgments and order about quashing of 498-A proceedings:

https://indiankanoon.org/search/?formInput=498-a%20-%20quash+sortby:%20mostrecent

Hemanth Kumar (student)     07 April 2010

Thank you very much

girishankar (manager)     14 April 2010

Thanks sir

mohamed haseeb ahmed   22 August 2016

SIR/MADAM,

MY WIFE ALONG TWO MINORS AGED 14 ,A3 TO HER PARENTAL HOUSE AT HYDERABAD ON 6/4/15.SHE DID NT RETURN SO I SENT HER NOTICE TO REJOIN THRU AN SDVOCATE.SHE DID NT CLAIMIT N I FILED RCR IN LOWER COURT .SIMILARLY I FILED FOR CUSTODY OF MINORS IN JUNE 2015.I GOT AN XPARTE DECREE INRCR ON 7/1/16.AFTER PUBLICATION NOTICE ON 11 NOV 2015 SHE APPEARED ON 7 DEC 2015 IN CHILD CUSTODY CASE .SHE NEVER PRODUCED CHILDREN THOUH AN ORDER FOR PRODUCTIONOF CHILDREN WAS ORDERD.SHE ATTENDED 3 DATES IN CUSTODY CASE N THEREAFTER SHE MOVED TRANSFER PETITION IN SC WHERE SHE GOT XPARTY STAY ON PROCEEDINGS,NW THE CASE HAS BEEN TRANSFERED TO HYDERABAD.ON 15 NOV 2015 SHE FILED A MAINTANANCE CASE SEC 125 IE. AFTER PUBLICATION NOTICE.I PROPER SEVICE OF NOTICE WAS NOT SERVRD TO ME FOR SEC 125 N MAINTANANCE CASE WAS SET X PARTE.I APPEARED IN COURT THRU ALAWYER BUT STILL THE ORDER IS NT SET ASIDE AS THE MAGIATRATE IS RETIRED N NO APPOINTMENT HAS DONE.SIMIMLARLY I FILED A COMPLAINT TO COMMISIONER HYD ON 4/8/2016 AGAINST WIFE HER BROTHERS N MY MOTHER IN LAW AGAINST THEIR CRUELTY N ALLOWING TOMEET MY CHIDREN N NOT ALLOWING THEM TO TALK TO ME.AFTER I RECIEVED A NOTICE FROM WPS THAT A COMPLAINT HAS BEEN LODGED UNDER 498A 506 ,4N6 F DP ACT.I HAD SENT A REPLY TO THE WPS AND GIVEN DETAILS.SIMILARLY A NCR UNDER SECTION IPC504,506,34 WAS FILED AGAINST MY WIFE N HIS BROTHER BY ME.O FILED AN EXECUTION PRTITION OF RCR DECREE IN WHICH SHE APPEARED THRU ADVOCATE N ON 29/7/2016.NW SHE APPEALED MY DECREE FOR DELAY CONDANATION  EXACTLY AFTER 8 MNTHS OF LAPSE,IN TP SHE SAID SHE CANT ATTEND THE MATTER IN CUSTODY CASE AS SHE HAS A THREAT .BUT THERE IS NO SINGLE COMPLAINT IN 17 YRS MARRIAGE.AFTER TP IS ALLOWED SHE S COMING TO MY PLACE AND APPEARING AND FILING PETITIONS HERE.PLZ ADVISE IWANT TO GET OUT OF THIS MESS

Nitish Banka (lawyer)     06 September 2016

Read this

https://lexspeak.in/2016/08/498a-quashing-quash/

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