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Ram   25 April 2017

Can 498a case be quashed

Hi Experts, We married in aryasamaj and my wife filed 498A case in Hyderabad only after 25days of conjugal life making allegations of physical and mental harassment and that i left the matrimonial house. Evedence received from her parents and house owner but none of them mentioned physical and mental harassment in their statement but said i left the matrimonial house and did not return. Police made chargesheet and case is filed at court. Please suggest could this case can be quashed? Your advice will be very much helpful to me.


Learning

 16 Replies

Sourav Das (Advocate Supreme Court of India)     25 April 2017

sir,

with out checking FIR and charge sheet, any specific advice can not be given.

anyway, you can apply u/sec 482 of CrPC before high court for quashing of FIR and all the criminal proceedings against you.

P. Venu (Advocate)     25 April 2017

Yes, no suggestion is possible unless the documents are perused.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 April 2017

yes.  Court under Section 482 CrPC to quash criminal cases involving non-compoundable offences is well-settled.

Kapil Chandna (Lawyer at Supreme Court of India)     26 April 2017

Sir, 

 

You can refer to my Article on quashing of the FIR in false 498A cases and then disucss regarding the same. 

 

 

https://kapilchandnaadvocate.wordpress.com/

Warm Regards 

Kapil Chandna Advocate 

9899011450

Ram   27 April 2017

Sir, 

Thank you, I will refer and get back.

Sudhir Kumar, Advocate (Advocate)     28 April 2017

no facts stated.

Ram   29 April 2017

Sir, Iam sorry but I did not understand "No facts stated".

That's the actual thing happend and the summery of charge sheet is "I have tortured her physically and mentally and used to pick up arguments with her hence proper action need to be taken by the hon'ble court". She made allegations on my brother also but they were dropped due lack of witness. 

The exact summery of witness from her parents and house owner is I have married her and after 25 days, I left matrimonial home. Even police were not willing to act on the case but she pressurised them with women activists to file charge sheet.

Please provide your valuable inputs.

Thanks in advance.

 

Ram   29 April 2017

Sir, Iam sorry but I did not understand "No facts stated".

That's the actual thing happend and the summery of charge sheet is "I have tortured her physically and mentally and used to pick up arguments with her hence proper action need to be taken by the hon'ble court". She made allegations on my brother also but they were dropped due lack of witness. 

The exact summery of witness from her parents and house owner is I have married her and after 25 days, I left matrimonial home. Even police were not willing to act on the case but she pressurised them with women activists to file charge sheet.

Please provide your valuable inputs.

Thanks in advance.

 

SOLOMON.RAJ (advocate/director)     10 May 2017

Dear Ram,

                    You have every right to petition before the Hon'ble High Court of AP seeking quash of the said FIR registered against you at the WPS, provided your case has to have some merits, if you are devoid of merits your case may not be even admitted.The crux of the case is please provode the copy of the charge sheet.     YOu can appraoch  your lawyer and file the quash petition as the Hon'ble High Courts have inherent powers.

 

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
______________________________ ______________________________ _______________

            

 

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S.JEEVAGAN, Madurai. (Advocate, High court )     21 May 2017

Hello sir,

You are talking about quashing of 498A case. Court will think of quashing of F.I.R. or Charge-sheet in any case when there is no even prima facie case in the said complaint. If the allegations levelled against you in the complaint make out a prima facie case, then the Court will not quash the F.I.R. or Charge-sheet as the case may be. However, you have got an ample opportunity for being acquitted in the criminal case  initiated against you based on such a fake complaint. But, you will have to face the trial and prove that the 498A case is false one.

Sir,  If you are able to get acquitted in the so called false criminal case on merits and not based on benefits of doubts, you can file a case for malicious prosecution, defamation case both civil and criminal, etc., against your wife.

Website :  https://www.jeevaganadvocate.com/  

e.mail  : jeevaganadvocate@gmail.com  

Cell Nos.  : +91  9842197855, 9842197857. 

 

1 Like

Ram   21 May 2017

Sir, Thank you for the valuable advice. Hope it would help me in the process.

thank you,

 

victim (master)     25 May 2017

Basic rule for quashing any fir or criminal proceedings is, if each and every word in fir and chargesheet are considered to be true even then no case is made against the accused then only fir or proceedings are quashed. hence at this stage with out referring to actual fir and chrgesheet documents no comments can be made about the chances of succeeding in a petition for quashing before Hon'ble High Court.

 

However, you can always file a petition u/s 226, 227 constitution of India read with section 482 CrPC before Hon'ble High Court. 

 

Chamber Consultation with a good counsel is highly recomended at this stage.

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