fir on 498(a) how to quesh

Ashwin Joshi (Querist) 15 January 2021 This query is : Resolved
FIR COMPLAIN PENDING NO CHARGES BEING FRAMED SINCE 2 YEARS FIR ON 498(a) and Dowery act no outcome since two years.

Follow Query

Report Abuse

Quick Summary

If an FIR under Section 498(a) and the Dowry Act has been pending for two years without charges, you may be able to quash it. Presenting substantial evidence to prove your case to the High Court, potentially under Section 482 of the CrPC with a local advocate, is a common route. The FIR cannot be quashed solely based on the delay; you must demonstrate that no valid case is made out against you and that you've been falsely accused. If the FIR doesn't constitute a cognisable offence, police investigation requires a magistrate's order.

Guest (Expert) 15 January 2021
If there are Substantial Evidence to prove and Claim your Side you could Easily Quash the FIR by approaching the concerned High Court Under Sec 482 Crpc with the help of an Local Advocate.-- In many recent Cases it had been found that Sec 498 A being Very Much Misused

Message likes : 1 times

Advocate Bhartesh goyal (Expert) 15 January 2021
FIR can not be queshed on the ground mentioned in your query.For queshment of FIR you have to show that no case is made out against you and you have been falsely made accused.

Message likes : 1 times

Guest (Expert) 15 January 2021
Even if the FIR is there If the FIR do not constitute an Cognizable Offence but constitute only an Non Cognizable Offence No Investigation would be Permitted to concerned Police Officer with out an Order of Magistrate as contemplated under Sec 155(2) Crpc.

Message likes : 1 times

Rajendra K Goyal (Expert) 19 January 2021
You can move to concerned High Court for quashing of the FIR.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries