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satya (Manager)     02 August 2015


Dear all,

My wife registered a FIR under section 498a and 406 on 08/04/2013 saying cruelties before 08/04/2010. In spite of Police submiitted FR in magistrate court on behalf of Rajinama. The magistrate cour already rejected the request of reinvestiagtion in the case. On her protest petition the magistrate ordered futher investigation on some issues eloborated in order. I think this order was under section 202 of CRPC. The police now trying to give challan under section 498a where as I have got divorce from her on the basis of desetion and cruelty by her. 

I have following ground.

1 468 CRPC as she wrote the last event as 08/04/2010 and filing FIR on 08/04/2013 after three years.

2. She do not have my wife as on date so 498a it self not allow the prosecute me under section 498a.

I want views of other experts on the issue.


 2 Replies

saravanan s (legal advisor)     02 August 2015

498a can be filed even after divorce alleging cruelty during the time she was cohabitating with you.since you had got divorce by proving divorce on grounds of cruelty and desertion you can apply for quashing the 498a case in the high court.

Kaatu Poochi (Kaatu Poochi&Co)     07 August 2015

Quashing a False 498a FIR - tips and tricks!


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