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Nilakantha Sahu   09 March 2019

498A squashing

My wife was married earlier (registration marriage ) before marriage officer at a age 18+.Then she some how managed to get a decree that the marriage is null and void,the court was gained over by her saying that she was not complete 18+ but I have complete RTI documents about her marriage.
Then suppressing her marriage she married me again and tried to separate me from my parents.she and her family members one day at her home give me and my mother fist and blows ,confined us.Then she as per her own will left from my home.
Then I filled a cheating case and divorce case against her.
After 3 months filling my case she filled a false 498a case against us .No major IPC have charged against us except 498a.
We got anticipatory bell and then regular bell from lower court.
They are also charged in IPC 420 and in regular bell from the same court against my cheating case.
under the above circumstances can the 498a case be quashed by highcourt and in which procedure and will I be success in quashing.if quashing not done,there will be future difficulties. please suggest.


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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 March 2019

Sir,

 

Quashing can be done if the court is satisfied that the case is false. For more you can visit www.kapilchandna.legal and enlighten yourself with regards to procedure as well as grounds for quashing of an FIR. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

P. Venu (Advocate)     10 March 2019

The case could be got quashed basing on facts and circumstances, if the allegation taken as whole and accepted at its entirety does not disclose the offence as alleged.


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