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honestlitigant   31 March 2015

498a fir quash

A wife filed an FIR and registered a case under sections 498A and 323 IPC. It has been more than four months and police did file charge sheet. How long should one wait and move the court for FIR quash?


 12 Replies


Quashing of 498a is not easy, a petition under 482 CrPC is often filed in the HC if a person is aggrieved by a false case, here are the points which would cause rejection of your petition under 482 CrPC:

1.No defect in FIR

If the FIR disclose an offence prima facie in nature then HC has no power to quash the petition under 482 CrPC, Under 482 CrPC HC has no power to go into evidence.

2. No Lapse in procedure

If the HC is satisfied that trial court has followed all the procedure then HC may not interfere in the findings of the trial court.


3.Pending investigation

If the case is pending investigation then also FIR cannot e quashed as HC cannot interfere in  investigation process unless there is malafide in investigation.

4.Powers under 482 CrPC to be use sparingly

Even if the wife has lodged a false case, you have to face trial and HC cannot interfere in it unless there are cogent reasons.


1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 April 2015

I partially agree with Mr. SAINATH DEVALLA.


HC still can quash it if you have strong evidence to prove the FIR is false and if you file Criminal Writ or Civil Writ petition with Indian Evidence Act as I have stated in the links below though chances are very rare


Therefore, it is always advisable to make a 2nd prayer for speedy trial to direct the trial court to dispose of the matter within 6 months from the communication of the order if quashing is not granted in the same petition.


Please read each of my posts carefully in the following links for sample petitions and other necessary clues.







2 Like

Adv k . mahesh (advocate)     01 April 2015

there is no time limit to file the chargesheet and once the police file the chargesheet the court will notice to you to appear and obtaining the chargesheet copy you can file quash petition 

normally a maximum to 90 days of and if police thus not file then the accused who is in jail can obtain bail and come out of the jail 

and in your case once they file the copy to court you can file for quash the fir in the high court 

1 Like

Vijyant Nigam (09807349001) (Advocate)     01 April 2015

section 482 Cr.P.C. provides Inherrent Powers to High Court; it may quash the case if you have a strong case in your favor; Language of FIR (primafacie), evidences collected by the Investigating Officer and entered in the Case Diary and perusal of Charge Sheet could only help a lawyer to give you a satisfactory advise about what you should do. So it will be better to consult some good criminal lawyer near you.



1 Like

Vijyant Nigam (09807349001) (Advocate)     01 April 2015

Dear Rockey

Before High Court, in 482 petition, the Stong evidences will not give any favor to the Husband in Criminal Case because if you show evidences of your favor to the High COurt then the High COurt will say to show and prove the same before Trial COurt at the stage of Defence Evidence...



1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 April 2015

Dear Mr. Nigam,


I understand If I file quashing with only 482 crpc then prima-facies and legal grounds will be considered for quashing.


However, If I use Article 227 along with 482 crpc and 483 crpc and Indian evidence act then ???


Note: - Article 227 gives the supervisory power of HC over the trial court.

1 Like


Any judgment, order or decree of a court is appeal able subject to the provisions of law. However, there are various remedies apart from appeal, which are available to the party to a suit. For example, reference, review or revision.              As per section 115 of the Code of Civil Procedure

(1) The High court may call for the record of may case which has been decided by any Court subordinate to such High court and in which no appeal lies thereto, and if such subordinate Court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercised a jurisdiction so vested,
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,

 and merits.

Hence UR entire quash petition depends of the weight of its contents and merits.

1 Like

Vijyant Nigam (09807349001) (Advocate)     02 April 2015

actually the query made by the honestlitigant was about quashing of FIR after filing of charge sheet.

so he will have to understand that quashing of FIR can only be prayed before High COurt before filing of the chargesheet and as and when the chargesheet is filed then he can file petition under section 482 cr p c for quashing of the chargesheet alongwith the FIR.

article 227 of the constitution of india gives supervisory jurisdiction to High COurts over the subordinate courts and sectionn 483 Cr P C gives superintendence over the courts of judicial magistrates. under the said sections one can request to High COurt for issuing directions to the subordinate courts such as for expediting a case etc. and not for quashing of criminal case.

for criminal cases, provisions under sections 482 and 483 cr.p.c. are sufficient so there is no need to invoke powers of High COurt under article 227 of the constitution of india.

in criminal cases which are triable by session court then 483 cr.p.c. will not help then in that case article 227 will work for direction only...

practically in High COurts, Civil writs are used to filed under article 226 and 227 of the constitution of india and criminal writs are filed under section 482 and 483 cr.p.c.



Vijyant Nigam (09807349001) (Advocate)     02 April 2015

usual practice in Lucknow High Court;

we file writ petition under article 226 of the constitution of india for quashing of FIRs and

petition under section 482 for quashing of chargesheets


Adv k . mahesh (advocate)     03 April 2015

even in our place we two file under 482 crpc to quash and it is inherent powers of high court to quash the said petition

for example

Any money matter involved the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 April 2015

Article 227 along with 483 CrPC also can be used for criminal writs.


Not sure about other HCs but I did the same in Calcutta HC.


Article 227 can be used for appeal on civil cases also.

Nitish Banka (lawyer)     27 January 2018

Posted by: nitish788  Categories: Uncategorized 


498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India


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