25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bolo (NA)     15 March 2010

Need help in 498A quashing

I'm falsely implicated in 498a case. My brother's wife registered a false 498a case against my family. she filed 498a,506,406 against my mother,dad,brother,2 grand mothers (above 65),grand father (above 70). she has menitoned in the FIR that we have demanded dowry and asked her money (which is false, we never asked anything during the marriage or after the marraige).

1. The time that she has mentioned in the FIR that we demanded dowry, that time i was in not in india (was outside india and return after 1.8 months) .

2. My grand mothers don't often come to my house (they live 10kms from my house). They are not directly related to my mother. (there are distant related grand mothers)

3. Now the case is in meditation, my brother's wife gave some jewel bills (which are estimation bills) and demanded us to give those jewels

Please let me know based on the above 3 things. can i file papers for quashing 498a in high court ? .

what is the chance for quashing the case ? please help me.

 



Learning

 1 Replies


(Guest)

Yes. You can file a quashing petition in High Court.  But law on this subject is well settled.  The High Court cannot go on rowing enquiry about the facts mentioned in the petition and asks the petitioner to face the trial as the facts (in legal sense) required to be proved on evidence.  Some times, keeping the age of the petitioners (grand mothers), the court may insist the complainant to come to proper settlement to redress her grievance instead of bringing all the relatives in the criminal law net.  My advise is to approach the High Court and give an attempt if you can get any relief.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query