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Patience_Adi (IT Professional)     06 June 2011

498a Quashing is not possible??

Dear All,

I came to know from my lawyer that 498a cannot be quashed as supreme court has recently ordered.

Is it true?

Thanks,



Learning

 4 Replies

Paras (Engr)     06 June 2011

Hi,

This is not like that which is your lawyer is saying.

Hon’ble SC has clearly defined the 7 categories of cases where the inherent powers of the HC under Cr.P.C. 482 should be exercised.

CASE NO.: 
Appeal (crl.) 1242 of 2007 
PETITIONER: 
Pratibha 
RESPONDENT: 
Rameshwari Devi & Ors 

 

Read this judgment and if your lawyer have any other judgement pl. farward to me and let me check. emailaddformisc@gmail.com

Paras

Kiran Kumar (Lawyer)     06 June 2011

dear friend, you have been wrongly informed that the offence under S.498-A IPC can not be quashed.

 

it can be quashed both on merits and on the basis of compromise between the parties.

 

there have been a number of judgments which mention the conditions to seek quashing of FIR/ Complaint.

ashwani vij (head)     06 June 2011

no dear it can b e quashed

Patience_Adi (IT Professional)     06 June 2011

Thank you All for your quick response. I shall talk to my lawyer again and give reference of the judgement refered by Mr.Paras.

 

Thanks again....


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