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Chances to quash dv under 482 crpc

Page no : 2

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     08 April 2014

You and similar other cases please send me complete case for proper advice.

As actual experience by Mr Yogesh higher courts do not prefer QUASH. Even far you we can show you simple tactics at lower court lever as discussed above.


Gender biased laws are not in your favor but you can find ways in procedures and lapses of other side.

Ibrahim (Associate)     09 April 2014


I have sumbitted my documents to your private email yourscrew@gmail.com. Please help me in this regard.



Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     09 April 2014

Mr Ibrahim and similar others facing DV act action.


Seen your papers and it is good case for dismissal before further orders of lower court.


However most of the people do common mistake as you and your advocate has done in giving reply / counter.


In counter or reply never attempt to give any story of your side. It amounts to admission and the task of opponent becomes easy. In fact you admit the case and  weaken your case.


In counter or reply you have just contradict the opponents pleading one by one that is all. No need to give any other story or your side of the case.


Please always take advice immediately after receipt of court summons so that proper reply is drafted and further steps given.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     09 April 2014

Nitish Banka (lawyer)     21 February 2018

Posted by: nitish788  Categories: Uncategorized 


Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Image result for 498a quash


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. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.


Advocate Nitish Banka

(Practicing in Supreme Court of India)


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