Anu Kumar 20 October 2017

498a quash

Hello Sir,

I have query regarding 482 (Quash) application in Supreme Court.
- Whether I should file it?
- Whether I have sufficient grounds to Quash it?
- Would SC listen to me in current scenarion where they are again strengthening 498a?
- How much it may cost in terms of time and money?

I am describing my current situation and sequence of events.

- My wife-in-law and company filed in Mahila Thana (CAW) for 498, 125 and DV in 2016.
- Police did not register FIR.
- They approached CJM court with 156(3) but court submiited case as Complaint case under section 200.
- They approached Session court with 156(3) but court did let case remain as Complaint case under section 200.
- Later in Jan-2017 they some how got police register FIR under section .....498a, 323, 307, 377, 504, 506 etc...
- They withdrew old case of 498a (complaint case).
- Police submitted chargesheet and removed clauses "307" and "377".
- We approached Allahabad (UP) HC for Quash (482)..but HC just stayed case against my parents but did continue to let me be tried under section 498a.

Reply Follow

10 Replies

Nitish Banka (lawyer) 20 October 2017

You may file slp in supreme court ... it highly depend on allegations...you may read articles as mentioned below

https://lexspeak.in/2017/01/quash-498a-vague-allegations-fir/

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 20 October 2017

Sir,

In the similar case, I got the FIR quashed against the parents in Jabalpar High Court and against the Boy the matter is filed in Supreme Court which is listed for Monday i.e. 23th October 2017 ....

So far as your case is concerend let me have the FIR in hand and the Quashing order of the Allahabad High Court for kind perusal.

Let me update about the matter which is listed on Monday and update u regarding the same.

Regards

Kapil Chandna Advocate

9899011450,9911218741

For more you can visit my blog and read my articles.

https://kapilchandnaadvocate.wordpress.com/2017/02/28/quashing-of-false-fir-registered-under-498a-and-406-of-the-indian-penal-code/

Vijay Raj Mahajan (Advocate) 20 October 2017

The Order of Allahabad High Court dismissing the quashing petition u/s 482 Cr.P.C filled by you has to be checked to ascertain if your SLP against the order will get admitted in the Supreme Court of India or not.

Maximum numbers of SLP filled are dismissed in limine by the Apex Court without admitting them as Criminal Appeal unless there exists strong vald ground to admit the SLP. The money spent by filling SLP just to get a dismisal order on the very first date of admission is not advisable unless you have very strong valid ground for getting the FIR quashed by the Supreme Court of India.

Moreso as this was the second criminal complaint filled by the wife against you with Police and it must be based on fresh grounds to attract the offence u/s 498A etc. IPC, therefore it was registered by the police as FIR while previous criminal complaint the police refused to register as FIR, this will be taken in consideration by the Supreme Court while dismissing your SLP in limine.

You cannot take the stand taken by reopening the controversial issue of immediate arrest or not of accused in the criminal complaint u/s 498A etc. IPC cases as reason for approaching or not approaching the Supreme Court for your case, go by the facts and circumstances of your case independently and this how the Supreme Court takes its stand from case to case.

Manjula 20 October 2017

Hi sir, I'm Manjula from Bangalore. My sister in- law filed fake DV against my brother & family. Case is in court since 2 years & 6 month back court told us to pay interim payment. We haven't paid since she is working & staying separately from past 2 years. Lawyers advice us pay it off some amount so we are paying it. I would like to know what further action she can take & how can I protect my family? 15 year got over for my brothers marriage that too love marriage & non of us went to their marriage, can she file 498a case now? Please advice us. Regards, Manjula

Manjula 20 October 2017

saravanan s (legal advisor) 21 October 2017

Follow your lawyers advice.498a is a continuous offence and hence can be filed even after divorce of the couple

Jaspal singh (practicing lawyer) 28 October 2017

As stated by you that your sister in law has already filed D.V case and its almost taken 2 and half years, limitaion of 498A started from is 3 years, from the date of incident.

Moreover it is well settled law by the Apex court in(AMARENDU JYOTI Vs. STATE OF CHATTISGARH) that cruelty is not a continuing offence.

Regards

Jaspal S Maini

9999987283

Anu Kumar 31 October 2017

Hello Kapil Sir.

What was the outcome of 498A quash in SC listed for Monday i.e. 23th October 2017 ?

Nitish Banka (lawyer) 22 April 2018

Anticipatory Bail in 498a

Posted by: Nitish Banka Categories: Criminal Law

No comments

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

Old parents this ground works if parents are old.
Prior divorce petition pending.
Strong roots in society
Ready and willing to join investigation.
Vague allegations
Delay in filing FIR
Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

Rajesh Kumar (ABCD) 28 June 2018

Hi, A dowry case on my uncle and his son after cancellation of marriage. Both parties have agreed to settle on a sum, all installments given except for the last one on the last court date. When should we file for quashing, my cousine never appeared, do he need to now for quashing of FIR or its not neccessory. How much time does it take for Quashing? Do we even need to go for Quashing or case is closed after last installment? Please help us