sagar shinde (student) 05 September 2012
I have few questions about quashing 498a in High court.
1) As per my knowledge, High court just sees the FIR. And as per few points laid by SC to quash an FIR, high court can use its power. Is this true or not?
2) What is the success ratio of quashing 498a in High court? What factors affect it?
3) If Wife is present in High court and gives her approval for quashing , is it a guarantee that High court will quash the FIR, just based on wife's permission?
Regards
sagar
Adv. Nikhil Seth (legal consultant (9867264707)) 05 September 2012
dear sagar ,
498A is non-compoundable offence high court before taking a call on quashing of 498a by complainant goes through the gravity of the offence . if the parties have settled their dispute and to carry on the proceedings of 498a is abuse process of law . It is not guarantee that fir will be quashed but yes looking at the complaint and present circumstances if parties have settled than their fir can be quashed there are many instances where 498a case has been quashed by high court.
varadg (nil) 06 September 2012
all depends on the contents of the FIR. HC looks into the FIR only nothing else.
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