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Slappedby498 (Analyst)     09 November 2012

498a fir quashing

My wife registed one FIR - 498A againts all of my family members and some relatives, relative has file a petition before high court for quashing the FIR, and notice has been sent to my wife, please let me know what is next and how much time it will take to quash the FIR? and after notice what next now.



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 7 Replies

Advocate M.Bhadra   09 November 2012

It will  come for hearing as serial your listing, you can mention the matter to the court for early hearing.Merit of quashing are rare incident,failing which you can defend the case by proper evidence.

shalini (software engineer)     10 November 2012

 we also went for quashing FIR in HC but in turn we got the stay on arrest and the matter was transferred to mediation center. this is the common practice these days but every case is different. Take Care, Shalini

( we have many proof to show our innocense so I guess qushing FIR is rare)

farhat sayed (NA)     10 November 2012

Kindly read the FIR very carefully as 99.99% 498A cases are fake and you get end number of loopholes in the FIR which gives you good ground to defend yourdelf and best part is you have many people with you adn its obvious that everyone is not guilty. Its a begning stage therefore you have problems but slowly and gradully your wife is going to have much more than you dont mis any word from FIR and prepare your evidence against it accordingly go for anticipatory bail in case of failure of Quashing though quashing is very rare so be prepared with many evidence if god forbid your quashing fails directly file for AB.

Rahul Kapoor (Legal Enthusiast)     10 November 2012

hello ,

have u got AB from the court ?

well anything can be said after looking the FIR.

 

regards-

rahul.gogreen@gmail.com

Slappedby498 (Analyst)     10 November 2012

All other family members got Bail, mine is pending on HC. i got stay on arrest warrent till 10th jan, on 10th jan there is a chember meeting informt of onrble judge and i have been asked to be presnt there, my wife also will be there too.

The quashing request is filled only for 2 relatives, and in FIR total accused are 5.

Please let me know if i can do something else.

My wife wanted to come back now but i dont want to continue the relationship with her. they did lot many wrong thing to me and my family members, they sent a complaint letter to my office too. and called my manager to malanging my image. and bla bla....

in chember meeting what should I tell if honrable judge ask me to take her back??

Rahul Kapoor (Legal Enthusiast)     10 November 2012

hello,

tell him about your condition and what will be the security if i call back my wife then she will not do the same.

u need to prove that u cannot reside with her.

 

regards-

rahul.gogreen@gmail.com

Ashimta Lekhi Malhotra (Independent Lawyer)     13 November 2012

It takes around a year for the HC to give the final decision on quashing.


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