Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manohar Manu (NA)     01 August 2015

How to quash 498a

Hi,

I got married in November 2013, after one month of marriage my grand pa transfered his property through gift deed to my mom. The girl whom I had married forced me to take my share and to live separately. I refused it. After some days i.e in the month of January 2014 her parents came and took her home saying if you dont make separate home we will not send our daughter to you. I dint agree to their demand.

After some days, on tuesday 11-02-1014, her parents along with some people came to my home, when me and my brother were outside. They warned my parents if property is divided and separate home is not arranged, they  will lodge a dowry case against us and gave 2 days time to my parents. We didnt tell our decision in 2 days and didnot agree for their demand. After 2 days i.e on thursday 13-02-2014 at 6pm, they filed fake 498A case against us.

They have made false allegations in the complaint, that me and my brother didnt allow them inside the home and beat them at 4pm on 11-02-2014. But me and my brother were in a shopping mall at 4pm on that day,  which they have mentioned in the compalint. We had purchased items through card and we have that receipt with us, which shows date and time. They also made calls to me and to my brother, at 4.15pm. saying where you people are, we have talked with your parents and tell your decision with in 2 days,

They have made our neighbours as eye witness for this fake case, against whom we had filed FIR 3 years ago. 

My question is can we go for quashing of this fake 498A FIR by showing bank transaction receipt which has time and date in that. And also showing FIR against our neighbours. ? Please reply.

 



 13 Replies

saravanan s (legal advisor)     02 August 2015

dear manjunatha you can file quash petition u/s 482crpc to quash the fir.but i doubt whether you can do so with the available proofs.better face the false 498a on merits.because if you can prove that its a false case against you then you can apply for divorce and get it easily.

remember once the wife had gone that far as to file false case like 498a its difficult to cohabit with her again.

another thing is the property that your mother had got through gift deed is her sel\f aquired property and so yoiur wife nor you cant lay any claim in it.

Harassedexhubby (self)     02 August 2015

Man you are stuffed.. Iam not a lawyer but I dont think there Is a proper way to get a quash..

but from the looks of it, you should get the neighbours FIR details from the police and make their witness statements invalid as vengeance.. Get other neighbours to vouch for you and say that they quarrel with you all the time and stuff.. Prove that they can,t listen to what is happening in your house ba use of some barriers etc..

What other proof is your 498a slut claiming? Sorry hope you don't have good feelings for her now..

let the case drag on for ever.. Find a proper person and live happily.. You don't have to have legal marriage to have kids and a wife..

After all these laws are picked from the British and don't represent Indian ethos..so hell with them..

The case will drag on for 15-20years, your kids will be grown up by then.. I am sure the law will become more accomodating by then and understand that the kids need your wealth more than your  criminal ex wife of 20 years..

if the law doesn't accomodate everyone sooner or later India will disintegrate as simple as that.. When India doesn't exist who will care about 498a?

Harassedexhubby (self)     02 August 2015

Learn to live happily.. Teach your parents to forget this episode and live happily.. Tell them this is a temporary hurdle/ phase in life.. Only negotiate, If they come to you with a reasonable offer to move towards divorce and 498a resolution.. Don't forget to take the divorce for sure..

S.JEEVAGAN, Madurai. (Advocate, High court )     02 August 2015

Sir,

I can understand your plight as well as the bad and sad experience of the member namely, Harassedexhubby with our Judicial system. You are talking about quashing of 498A case. Court will think of quashing of F.I.R. in any case when there is no even prima facie case in the said complaint. If the allegations levelled against you in the complaint make out a prima facie case, then the Court will not quash the F.I.R. However, you have got an ample opportunity for being acquitted in the criminal case likely to be initiated against you based on such a fake complaint. But, you will have to face the trial and prove that the 498A case is false one.

Sir, 

If you are able to get acquitted in the so called false criminal case on merits and not based on benefits of doubts, you can file a case for malicious prosecution, defamation case both civil and criminal, etc., against those persons at whose complaint you are being prosecuted now. ALL THE BEST FOR YOUR LEGAL BATTLE.

 

My e.mail id is : jeevaganadvocate@gmail.com  

My cell No. is  : +91  9842197855,9842197857.

KINDLY MAIL ME  AND GET APPOINTMENT BEFORE SPEAKING TO ME ON PHONE FOR OBTAINING LEGAL ADVICE. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2015

a) Quashing is not easy. File quashing with speedy trial. Please read carefully my posts below.

 

b) Register counter FIR in the police station against them for criminal intimidation to extort your properly and black-mailing you.

 

If police does not register FIR then register private complain to the District Judge under the following IPCs.

.

c) 383 IPC read with 384 IPC. Extortion. 

d) 292.A - Blackmail, 506 - Criminal Intimidation and 34 IPC - common intention to commit crime.

 

 

the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

Manohar Manu (NA)     02 August 2015

Dear All,

She has stated in complaint that, me and my brother stopped her in the gate and beat her at 4 pm on 11-02-2014 and forced her to sign for divorce paper. So that is the immediate reason she is filing the complaint against us.

But the fact is me and my brother were in a shopping mall at 4pm on 11-02-2014, for which we have a receipt which is having date and time in it.

If this is the immediate reason, can't we move to high court to quash this, stating prima facie reason is false ?

Because of this false 498A case, my brother's passport is seized and his career is affected. Pls advice.

AS   06 August 2015

Manjunatha , As mentione by some lawyer also.You should not go for quash....You will think why ? ..Because complaint have contents of 498A that you tortured her.

 

She filled false complaint (but it has a contents of 498A which may be false or true court will decide later by trails) ....Now You need to understad how court work ....

 

She filled a complaint in police , Police will do investigation and submit chargesheet to court. Till now remember she is victim police and court are just working assuming compplaint is 100% true (trusting on face value of victim) . Now court will frame charges against you ......and in false case if you have a good lawyer it is very easy to bring truth.

 

So face trail , dont try Quash ...

 

Kaatu Poochi (Kaatu Poochi&Co)     07 August 2015

Quashing a False 498a FIR - tips and tricks!

https://goo.gl/EaYTYA

 

T. Kalaiselvan, Advocate (Advocate)     12 August 2015

@Mr. Manjunath, the reason what you say for taking up the matter for quashing before the high court will not be sufficient or substantial.  The court may not consider the evidence in your possession if they mention a changed time in their counter for the petition.

So, as advised by many people, you may better contest the case on merits and strong evidences in your possession. 

Manohar Manu (NA)     12 August 2015

Thanks for the reply Sir...

Is there any provision to discharge in-laws from the case ? Some body said it can be done under CRPC section 217... Is it so?

Manohar Manu (NA)     02 September 2015

Hi All,

Is it possible to discharge in-laws in the said case ? My bro's career is affected much from this fake case so. Pls advise.

Nitish Banka (lawyer)     02 November 2017

How to quash 498a??

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

 

Here are some of the valid grounds.

Vague allegation-498a quashed

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.

 

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.

False allegations against relatives

Mukesh Rani V. State of Haryana, 2002 MLR 175=2002 (2) Cr.CC 123= 2002 (1) RCR (Cr) 163= 2002 (1) CC Cases (HC) 48 (Pb. & Har.)      

In the instant case respondent No.2 is the husband of respondent No.3 and respondent No.3 is the sister of husband of the complainant. In the FIR, it has not been specifically mentioned what dowry articles were entrusted to respondents 2 and 3 at the time of the marriage. If no article has been entrusted to respondents 2 and 3, then no case under section 406 is made out. It is also not the case of the complainant that respondents2 and 3 are residing with the husband of the complainant. The respondents have placed on record the documents showing that they are employed as teachers and are living separately in village Bamble from the complainant and her husband Satyadev. Even on the date when the alleged occurrence took place respondents were present in their school i.e. on 07.01.1994.

If on the face of the compliant it shows that complaint is false, charge should not be framed. In the instant case, there is evidence that respondent No.3 who is the sister of the husband of the complainant was living separate with her husband-respondent No.2 in a different village and were employed as teacher, the learned trial court has rightly discharged respondents 2 and 3.

For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned courts below. Hence this petition is dismissed.

Quashing of false FIR against relatives is much easier

Delay in chargesheet/condonation

Delay in filing chargesheet by police is also a good ground followed by wife conduct in condoning the cruelty thru conduct.

By.

Adv Nitish Banka

Advocate Supreme Court

lexspeak.in

nitish@lexspeak.in

Deepak Dahiya   03 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India

nitish@lexspeak.in

 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query