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.
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.
Guest (Guest) 16 July 2012
Quashing can be applied before as well as after the filing of the chargesheet. The inherent power is exercised in an exceptional case to quash a 498A FIR and the charge sheet if the allegations in the FIR manifest an abuse of the process of law, or if there is no charge made out as per the charge sheet. The HC dos not look into the evidence during the hearing of quash petition and determine whether there is sufficient evidence to convict the accused as this is a function of the trial court. The inquiry in a quash proceeding is limited to ascertain whether a prima facie charge is made or not. Once a prima facie case is established, the HC ought not to quash the proceedings.
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.