Rajesh Anand (Trainee) 11 November 2013

498a- fir quash or chargesheet quash?

Hi All!

I have not taken any dowry in marriage.

There is discrepancy of allegations made by wife in DVC and FIR complaint letter (in 498a). As a precautionary measure I applied for anticipatory bail (AB) for my family & myself soon she filed FIR. Her allegations of dowry was not considered by judge/PP and granted us AB. I am working on getting bail.

I was informed about 498a quash by one of my friends.

The chargesheet is likely to be submitted to court in about 10 days by Investigation Officer (IO).

Which is a better option to try in current situation? FIR quash or Chargesheet quash? Are there any limitations?

Cheers! Anand

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 11 November 2013

Anand,

It is better to go for quash of FIR itself immediately instead of waiting for the charge sheet to be filed and giving a reply to the charges framed. Also it is now the ripe time because you have recently obtained the AB as well.

Rajesh Anand (Trainee) 08 December 2013

Thanks Kalaiselvan Sir.

There is delay in getting FIR certified copy so applying for FIR quash got delayed. Unfortunately this lost time cannot be recovered.

Luckily I came to know that even the chargesheet is not filed until now.

I am in a different state from where this FIR is filed (FIR filed in AP), so how will I know online if a Chargesheet is filed? Is there a website from where I could gather this status?