Quashing a false 498a

Quashing is waste of option........

Even though every one knows parents are living seperately but still they will not consider this and ask us to go for a trial..........

to file a FIR quash u need certified copies of FIR 

to file charge sheet quash u need certified copies of FIR+ chargesheet

if u want go however of the result go after charge sheet..not before that..

i would suggest you to file a speedy trial in lower court and get personal exemption order for apperance..

@Author

Suggestion of your lawyer seems genuine. Your parents (if not directly named in FIR) are eligible to be safely put-off from the case. And once their names are removed from the FIR, then you get a backing to fight your case.

S.482 CrPC is a discretionary & exemplary powers of the HC to save an innocent from injustice. If you have such proofs which throws away case of prosecution, then you would certainly succeed but a rejected application from HC may hinder your smooth path in Sessions Courts.

Choose wisely, live well :-)

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Regards

Saurabh

help@lawforumindia.com

www.lawforumindia.com

Thanks all for your reply.

As I have mentioned in one another query, already I have proof from social welfare department saying that there is no harrassment in 2012. After that I had filed divorce in 2012. At that time she said that everything was by mistake and she will not repeat the same again. Now she is repeating the same thing again after reconciliation on 2013-July. She and her parents had given an undertaking saying that they will not be repeating this in 20 RS stamp paper. The only mistake from my end was that the stamp paper was not submitted in court as my previous advocate has said that everything will be fine from now on.

Please advice.

Thanks in advance

You can very well approach high court for quashing her false case and you may rely on the stamp paper assurance by her on an earlier situation that she will not repeat the issue and harass you anymore. The evidence in your possession will be a strong and authenticated evidence to justify your claim to quash the pending 498a case.  Take the help of a prudent lawyer if your present lawyer is not cooperating.