498a Quash

Rahul Dhingra (Querist) 11 October 2013 This query is : Resolved
Dear all

Greetings

My wife filled the 498a case and everything done on worst part like jail and all now case is in lower court.

I have fille some rti against police chargsheet on fake charges and arrest. Can I file the case in high court for quashing the 498a case against me and my family taking rti as a proof.

Please suggest if possible the best solution for the same.

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Yamalapalli Haribob (Expert) 11 October 2013
yes u can move quash petition before high court .

Sarvesh Kumar Sharma Advocate (Expert) 12 October 2013
First file discharge application before trail court and if you don't found any relief then go to high court under section 482cr.p.c !

ajay sethi (Expert) 12 October 2013
fight case in lower courts on merits . HC may not quash 498A case against you unless allegations made in complaint do not disclose commission of any offence .

Rajendra K Goyal (Expert) 12 October 2013
Defend yourself in the lower court.

Raj Kumar Makkad (Expert) 12 October 2013
I do agree with the advice of Ajay Sethi.

Devajyoti Barman (Expert) 12 October 2013
You can always file quashing but if there is no merit which must be overwhelming then quashing would be wastage of time.

Rahul Dhingra (Querist) 11 November 2013
Dear all

Thanks for your advise it's really helpful. I am now fighting the case in lower court. Just wanted to know can I submit my RTI in front of court during hearings? Can I show the RTI copy directly to judge or need to submit before? Can I say somthing to judge in court after taking permission from the judge.

Please advise

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