Rajiv kumar (abc) 06 December 2016
It's being more than 7 years of trial in 498a and no progress happened , she did not record her statement even till date, no other witness appeared till date. multiple summon from learned court, two bailable arrest warrant against witnesses for appearing in court and record the statement. there was nothing offered and no recovery had happened u/s 406.
Can we file quash petition u/s 482 or any other provision of law in High court?
Can High court order for quashing for WRIT under 226 ?
Pawan S (Advocate) 06 December 2016
Quashing of FIR in 498a can be filed under CRPC 482 in the high court and it can be done only before the trial starts.
Go to the High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of the Indian Constitution by praying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. The order of speedy trial entirely depends on the discretion of the court. The applicability of speedy trial, would depend on the fact-situation of each case as it is difficult to foresee all situations and no generalization can be drawn.
Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 07 December 2016
File Applicantion in same court to dismiss the case for want of evidence.
Rajiv kumar (abc) 07 December 2016
Dear both, thank you for your reply.
Dear Zoheb sahab, under which provision this application can be filed in same court.
jyotirmaya behera (advocate) 07 December 2016
You can file U/S 482 for quashing of fir but you have to proof that in that case you have no hand. Till date if there is no involvement in Section 498A then court can quashed. U/S 482 for quashing of fir can be file in high court
Jyotirmaya Prasad Behera
Advocate, Orissa High Court
9861819294
Kumar Doab (FIN) 08 December 2016
You can benefit from advise of members.
Your own counsel can advise you further.
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