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Rajiv kumar (abc)     30 September 2014

498a quashing after one year of charges

1. What are different stages of 498a case, a person can for 482 quashing relief? 2. At present charges are set and complainant has given her statement after arrest warrant issued against all witnesses. Is it possible to go for file 482 quashing as there certain points are acknowledged recently, however of charges have been set before 1.5 yr. 

3. Under what provision in present circumstance,  482 quashing can filed now?


Thanking you 


 3 Replies

shafi ahmad (doctor)     03 October 2014


I am not a lawyer but common man victim of 498a. From my experience, I can tell you that you can go for quash if you and your lawyer feels there is merit in your case for quashing


1 Like

Pappu (Victim)     04 October 2014

I am not a lawyer so take my advice with a pinch of salt. HC agrees to quash only when the procedures have been blatnatnly violated. In your case it looks like HC would aske the IO to file CS at earliest. So study carefuly your case before going in for quash. Most oftn people end up losing time and money by going in for quash.
1 Like

Rajiv kumar (abc)     04 October 2014

Thanks for all answer!!!  Ground for Quashing 

1. FIR launched after 5 yr of separation in a place where there is no marital living ( Inter state matter)

2. There is reporting of threat for dowry case to public administration ( DM and others) one year before the FIR launched. Proper investigation done before launched of FIR in marital city ( state)

3. 6 months gap between cause of action and FIR.  Cause of action date is fabricated ( that person appeared at girl house and asked for dowry) 

4. the other accused in the case has office record  of  no leave for the entire month ( in which they have claimed his presence in city which is of 24 hr journey)

5. Basically, incredible facts at the face value, 5 yr gap with no explanation in FIR, again 6 months gap in cause of action date and FIR with no explanation 

These may be sufficient for acceptance of quashing petition. However, it has become more than 4 yr of FIR and one year charges applied. for first 3 yr petition was under trial for jurisdiction matter. 

Please guide for quash petition under 482 (applying 468).

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