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aarjun vhajage (Lawyer) 31 October 2022

How to quash 498 revision

CRIMINAL REVISION IS PENDING BEFORE BOMBAY HIGH COURT U/S 498A. IN 2015, MUTUAL CONSENT WAS FILED. ONE TIME MAINTENANCE IS GIVEN TO WIFE. WIFE DIDNT APPEAR FOR SECOND MOTION. MUTUAL CONSENT DIVORCE PETITION IS DISMISSED. TOTAL 3 AFFIDAVITS ARE EXECUTED BY WIFE. ONE OF THEM TO QUASH REVISION. BUT WIFE IS NOT READY TO COME BEFORE HIGH COURT. HUSBAND WANTS TO QUASH REVISION. WHAT WILL BE THE PROCEDURE, SEEK URGENT GUIDANCE FROM EXPERIENCED PERSON OR LAWYER. THANK YOU.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 August 2025

To quash the criminal revision pending before the Bombay High Court under Section 498A, considering the mutual consent divorce petition was dismissed after the wife didn't appear for the second motion, and she has executed affidavits including one to quash the revision but isn't willing to appear in court, here's the way forward: Procedure to Quash Revision -

*Approach the Bombay High Court*: The husband can file an application under Section 482 of the CrPC to quash the proceedings in the criminal revision. This section allows the High Court to prevent abuse of process or secure the ends of justice. -

*Highlight Lack of Cooperation*: Emphasize the wife's lack of cooperation, including not appearing for the second motion in the mutual consent divorce and her reluctance to appear before the High Court despite executing affidavits. -

*Mention Settlement Terms*: If one-time maintenance was given to the wife as part of the mutual consent filing, highlight this as part of the settlement efforts.

Considerations for Quashing -

*Vague Allegations*: If the allegations against the husband in the Section 498A case are vague or lack specific instances of cruelty, this can support the quashing of proceedings. -

*Wife's Intentions*: The fact that the wife executed an affidavit for quashing the revision but isn't willing to appear in court may indicate a lack of genuine interest in pursuing the case.³ ⁴ Relevant Legal Precedents - The Supreme Court has quashed proceedings under Section 498A when allegations were "far-fetched and improbable" or when proceedings were initiated with an "ulterior motive". - High Courts have quashed FIRs and proceedings under Section 498A when allegations were vague or lacked evidence. Consulting with a lawyer specializing in criminal law and familiar with Bombay High Court procedures is essential for navigating this situation effectively.

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