Varun2020 10 November 2019

CRPC 482 quashing

Hi all respected members,

I am going to Lodge a petition u/s 482 of Crpc at Calcutta High Court for quashing FIR against me and my relatives u/s 498A, 406 of IPC.

during the hearing will honourable court consider the evidence on my side or only consider evidence of prosecution?

As per the discussion with IO of the case he has submitted chargesheet but till now no summon. also in chargesheet statement u/s 161 of Crpc of the complaintant is not available.

He also informed me that he has withdrwn section 406.

one more point, the FIR was lodged at different jurisdiction than my place. but my wife claimed that the incident took place in my place. Her police station did not take it as zero FIR and continued the case there.

Could you please tell me how much to fruitful it would be for me to Lodge the 482 Crpc petition and get it quashed?

Also how much time does the honourable court take for disposal of the case u/s 482 of Crpc?

I want to go for trial in worst scenario as it'll destroy a very big time span of my life. I also want to go with 227 of Crpc if 482 is unsuccessful.

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2 Replies

srinu rokkam 10 November 2019

Quashing impossible but you can linger the 498a IPC case.

Dr. Atul [9013898936] (Lawyer, Scholar) 10 November 2019

482s are very tough to achieve favorable results from. The High Court is not going to see your evidence at all, at this stage. What the Courts see is, whether the allegations are so improbable that no reasonable man could believe them, then the criminal proceedings may be quashed. For instance, allegations against distant relatives who do not live or ever lived at the matrimonial homes may have the proceedings quashed qua them. The Court 'might' look into some evidence from your side if such evidence is not disputed by the complainant or if it is of such stellar quality that it is unimpeachable. I remember having read a judgment of the Rajasthan High Court where the Court looked at the fact that the husband owned several cars by examining the Registration Certificates of the cars and concluded that it was highly improbable that the in laws would demand a car from the bride's side.

Then, the allegations against each accused have to be specific; mere reproduction of words of Section 498A is not sufficient to constitute an offence; the allegations need not be a precise and comprehensive narration of the event but it should not be vague and general. You can search for these judgments on Indiankanoon.org. Drop a like if you find my commemt helpful and feel free to get in touch if you need further assistance.