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Bk   27 November 2019

498a quashing chances

Dear Experts, Kindly let me know chances of 498a quashing if i approach HC, below is my case details. 1. Ex wife filed 498a, on me and my family members, i filed divorce. 2. I filed divorce on the grounds of harrasment and wife addicted to false vises 3. Filed 498a quashing on A2 to A5 4. Divorce case came in favour of me, in judgement judge clearly mentioned false case filed and harrased A1 to A5 5. 498a quashed for A2 to a5. 6. Earlier my ex and her family used to attend 498a in trail court and also she hired advocate to stop quashing 498a on my family members. 7. After she lose divorce case, she stopped attending court on all other cases, HC and trail courts. 8. Considering above point, my advocate easily got 498a quashed on A2 to a5. I alone stuck in 498a case attending trail after quashing A2 to a5, based on above facts and non interest of my ex to attend any case, what are the chances of quashing 498a on accused A1, since trail is lengthy process wasting lot of my time( i already wasted 8 years for all above process) ? Regards, BK


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 7 Replies

Bk   28 November 2019

dear Experts please suggest

vijay premchandani   28 November 2019

The case of 498a can be quashed when there are vague the allegations in the FIR. ... A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence.

P. Venu (Advocate)     28 November 2019

Had you approached the HighCourt earlier?

Bk   28 November 2019

i went for FIR quashing on A2 to A5 but by the time i file petition already charge sheet filed so it is dismissed, second time i filed quashing only on A2 to A5 which was quashed.

Bk   28 November 2019

Tried FIR quashing for A1 to A5, second time charge sheet quashing for A2 to A5 which was a success, now thinking of quashing for A1 alone.

Bk   28 November 2019

Experts please give your valuable inputs here

Bk   02 December 2019

most of the forums are idle

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