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.
 
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Advocate Supreme Court of India

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.

 
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Advocate

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

 
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Lawyer in Hyderabad.wats app no.9989324294

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

 
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Advocate

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

 
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Sir, 

Thank you, I will refer and get back.

 
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Dy Director

no facts stated.

 
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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.

 

 
Reply   
 

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.

 

 
Reply   
 
advocate/director

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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