Sec. 498a, 3/4 dv act and other crimes act relatives section

santosh tarmakar (Querist) 19 November 2014 This query is : Resolved
if fake FIR lodge against husband u/s 498A and other relatives law by wife, may the proceeding be quashed

please give some advice for this topic for future proceeding against husband

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Devajyoti Barman (Expert) 19 November 2014
Court while deciding on quashing does not decide falsity of truthfulness of the allegations.
If the complaint in bare perusal disclosed commission of offence, it can not be quashed.

T. Kalaiselvan, Advocate (Expert) 19 November 2014
The quashing of fir is not done on a routine basis, the high court will go deep into the submissions and analyse the facts and merits before quashing. Generally quashing of fir is not much entertained. If he has applied for quash,the respondent/wife may file an intervene petition or a strong counter objection. Despite all these,if he fir is quashed, the wife has to look for a new route to avenge her husband or his family members.

Dr J C Vashista (Expert) 20 November 2014
Yes, the FIR can be quashed on its merits. Apply to High Court u/s 482 Cr. PC

ajay sethi (Expert) 20 November 2014
quashing would be entertained only if allegations contained in FIR does not disclose commission of any offence

Rajendra K Goyal (Expert) 20 November 2014
High Court can quash the FIR if approached u/s 482 CrPC. Generally the quashing is not allowed. Better defend the case on merit.

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