LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arjun Gupti (Business)     24 July 2012

Advice on quashing fir in 498a case?

Hi,

I would like to know the process for filing QUASHING OF FIR based on false charges. Does court quash FIR if boy has enough proofs? What if court rejects this quashing request - will it mean PANGA with the police? Please advice. In our case the girl was not staying with us for 1.5 years and still FIR GOT LAUNCHED by police? WHY?



 2 Replies

Guest (Guest)     24 July 2012

498A is a continuous offence. Hence, within the period of limitation the case can be lodged anytime by the wife. The court doesn't ordinarily look into evidence in quash except if it is absolutely irreproachable. The fact that the wife was not living in her matrimonial home for 1.5 years would help the husband. Dismissal of quash would not result in any panga with the police. It would mean that the accused have to face trial and prove their innocence in the trial court.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 July 2012

1. There is no limitation as such, and the courts always have the power to condone delay. However the fact that she filed the case after 1.5 years of seperation - would significantly dilute the nature of her case, and put the court on guard to ensure that this is not just an AFTERTHOUGHT.

 

2. Don't worry about Panga - if otherwise your case is fit for quashing. 

 

3. Quashing is done only in extreme cases, where on the very face of it case appears to be mala fide or even if allegations are accepted in their entirety and assumed to be correct - ingredients of 498a are not satisfied. If you satisfy these criterias - go in for a quashing. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register