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SeekLegalHelp (Techie)     17 March 2014

False 498a filed after completion of dvc



Brother's wife filed DVC( Domestic violence case) 2 years back on Husband + In Laws. DV case is disposed and the order says it is dismissed against Respondent 2 and 3. Respondents 2 and 3 are parents of R1.

She filed false 498A case on R1, R2, R3 after 2 years of filing DVC with malicious intent to harass husband and his parents and extort huge money. Current stage is FIR is registered. R1 has taken bail.

How to tackle this ? Should quash be filed on FIR or wait till charge sheet is done and then go for quash ?

For R2 and R3( Parents) - can the names of R2 and R3 be removed from 498A case ? what is the best way for removing R2 and R3 names ? Since R2 and R3 names were removed in DV case, can that be used for removing them ? What is the right time to initiate the quash, should we wait until charge sheet is done or can it be done prior ?

Please suggest if there are any Judgements where after filing the DVC and its disposal 498a was filed and it was quashed.

Thanks
 
 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 March 2014

It is better to approach the high court with a petition to quash the FIR in total against all the the accused in it.  Your question is repeated everywhere, are you not satisfied with the answers given by experts?

SeekLegalHelp (Techie)     21 March 2014

Kalaiselvan - your profile shows you are practicing in B'lore and Tamilnadu areas. I am looking for a lawyer who can take up this quash in AP HC.

You can ignore my postings if you think they are repeated. Interested folks will respond to it.


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