Quash a false 498a

Quashing proceedings in High Court are successful in the cases where both parties agree to get the FIR u/s 498A etc. IPC quashed which is not the case till date between both of you and in case there is serious issue of law or evidence involved that clearly show a false complaint has been lodged, in your case apart from naming people who are neither living with you in India or even if living in India but not with you since last 25 years, there I see why the High Court will completely quash the FIR at this stage. Yes the High Court may order that name of those who are not living or were living with you at the time your wife was staying with you may be removed or they may be discharged from the complaint unless sufficient evidence of there involvement exists in the matter, rest of the persons against who the complaint was lodged may be proceeded against in the trail court.

Because case under 498a is not compoundable so it cannot be withdrawn once an FIR is registered. it can either be quashed by HC or you have to contest the case and win it.

Dear Mr. Sunil,

Points which you are raising are subject to trial. Even if it is assumed that most of the people named in the FIR are out of India or not living with you for last 25 years then also the FIR will not be quashed on these basis. Though if police will not find any substance in allegation against any person named in the FIR then they can drop their name at the time of filing of the chargsheet. Even thereafter your lawyer can argue at the time of framing of charges and can get dropped anyone of you or all of you from the case if you are able to convince the trial Court that prima facia only no case is made out against anybody. But in your case HC will not interfere and quash the FIR. So staying of the proceedings of trial Court will happen only once the HC is willing to entertain your 482 petition, which I doubt it will.

In regard to the transfer of case the Trial Court cannot transfer your matter. This power is vested only with the HC for transfer of matters intra-state and with the Supreme Court for transferring the matters interstate. But it is not easy to get the cases transferred that too when its a case of a boy. You have to give very strong reasoning to the Court to get the matter transferred.

Thanks to all of you I read one Supreme court decision where The Hon'ble court in a 498 a cse has said that if FIR is filed just to take revenge and proceedings of the court are misused by any party FIR can be quashed as in my case in FIR my wife is saying that she is being harassed since September 2013 then why she waited till December 2015 till I filed the divorve petittion under cruelity? will it not be considered by the High Court?  

Your wife filed the complaint after 2 1/2 years but before 3 years, the time limit for any court to take cognizance of the offence (S.498aIPC) punishable up to 3 years imprisonment is 3 years and she has under the guidance of her lawyer did it before completion of 3 years’ time limit period.

Secondly the quashing process in High Court is option open for you but chances it will be successful is doubtful, worth trying your luck as in such quashing matter the High Court issues notice to opposite party (your wife) with the condition that you both will try to work out amicable settlement through Mediation and Conciliatory Centre of the High Court, if that fails than the High Court will decide the quashing petition and in most cases it dismisses it.

Now you will ask what will be the terms and conditions of settlement amicably, well it will be what amount you pay as alimony to her in lump sum for getting out of the criminal complaint and the marriage itself, namely divorce by mutual consent. The amount will be much bigger that you can even imagine, so mind it.