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How to quash fir in hc

How to quash FIR  of 498a in HC?

In how many days one can do it after FIR , What things are require to quash the FIR?

After filing chargesheet also can one do anything to quash.


 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 July 2012

Quashing of the FIR under S.482 is done by the High Court to prevent the abuse of the process of law, this power can be exercised where the proceedings are initiated with a view to settle scores and personal vendetta, if the allegations in the FIR even if taken at their face value fail to make out the ingredients of offence concerned, or where it is patently filed with mala fide intentions. These are some of the grounds on which High Court would proceed to quash. It is exercised in exceptional cases, and normally High Court does not interfere and readily stop a prosecution at the investigational stages. The high court won't have a look at anything but the FIR and other evidences of unimpeachable genuinity. Quashing proceedings are not meant to be trials.

sharma (ADVOCATE)     16 July 2012

dont try to get quash the 498a, I suggest you to face the case.   if you think it is fit to be quashed then dont be panic, you would suceed in the lower court only.

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