Dowry harrasment

Querist : Anonymous (Querist) 21 May 2022 This query is : Resolved
Dear expart,
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?

Follow Query

Report Abuse

Quick Summary

A person separated for four years and recently filing for divorce has had a 498A (dowry harassment) and 494 IPC (bigamy) case filed against them. The complainant claims the marriage is invalid as the wife was already married to someone else. Despite police filing a charge sheet, the user is asking about quashing the FIR. Legal advice suggests fighting the case, as grounds for 494 IPC are present, and exploring a High Court petition to quash the FIR if the ingredients for 498A and 494 IPC are indeed absent, though success chances may be slim.

Dr J C Vashista (Expert) 22 May 2022
Neither the police can take cognizance nor register FIR in a case under section 494 IPC.
Besides this, it cannot be clubbed with an offence u/s 498A IPC.
It is better to consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding / contesting to defend yourself, if it is a true story.

SHIRISH PAWAR, 7738990900 (Expert) 22 May 2022
Hello,

You have to fight out the case as the FIR is already filed. The ground stated by you in the query is good ground to defend the case u/s. 494 IPC. You may also go to the high court if you find that there are no ingrediants of 498A and 494 IPC for quashing of FIR.

Advocate Bhartesh goyal (Expert) 22 May 2022
You may file quash petition before H.C but chances of success are least, you have to face trial.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries