False 498A Case

Querist : Anonymous (Querist) 12 August 2010 This query is : Resolved
Hello Sir,

My wife has filed a false 498A case against me any my parents. I want to know which court has the rights to dismiss or dispose the case if the relevant evidences provided by me. Hearing is yet to be started in civil court.

Thanks.

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pawan sharma (Expert) 12 August 2010
Dear,
You should file such evidence before the trial court.

Querist : Anonymous (Querist) 12 August 2010
Hello Sir,

What is the difference between trial court and high court. As I come to know that only hight court has the rights to dismiss or dispose the case. And my lawyer is saying the case will be withdrawn in civil court, is it true?

Thanks.

Sukhija (Expert) 12 August 2010
High court only can dismiss or dispose the case if the relevant evidences provided by you.u/s 482
Hearing will be started in criminal court.i.e. trial will take place in Criminal court not civil court.

Devajyoti Barman (Expert) 12 August 2010
Yes if you want to 'dismiss' the case then you have to file application for quashing in the high court. Please remember that mere contradictory proof is not sufficient to quash a charge sheet or FIR. It is the error apparent on the face of the record or further proceeding is a abuse of the process of court which determines the case for quashing. The high court use this in a most sparing manner.

s.subramanian (Expert) 12 August 2010
yes. i agree with Mr.Barman.

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