Upgrad LLM

quashing 498-a failed


We quashed FIR in a false 498a case at High Court but it got rejected. All family members have already got Anticipatory Bail. Mediation wasn't successful as Girl side demanding more money. Challan has been filed for boys family. We aren't interested to quash in SC as it takes too much time. How can simply Divorce can be given to girl and get rid of all these problems & stress which boy & his old parents are facing? Also suggest if there is any other options.Thanks in advance.


Patience patience and patience thats the only way out. Be courageous to wear out the girl side. within 2 years or so their price will come down. there is unfortunately no shortcut to contested divorce. as the girl gets older they will settle at a lower price You will have to put up with trial and associated stress.however always consider their demand dispassionately and from practical point of view. cost of prolonged trial(direct and indirect) and inevitable paymentofmaintenance/alimony should also be considered. regards

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@author - can you please give some details of your quash petition? why was it dismissed?


If you and your opposite party can come to a settlement/agreement, well and good.


498a is better than a life threatening or disabling disease. Its better than getting into an accident

and losing an arm. Better than losing loved  ones, basically there are far worse things than can happen

to a normal man ---> I'm not saying 498a should happen, but if it has happened then only a strong positive attitude

can save you.

One way of wearing out your opposition - is to always be busy, active and happy. You dont let

Court visits affect your daily life or your future plans. Plan your life around your case.

It is not easy but not impossible either - think of those professionals who live away from their

families, have to deal with criminals/scams or work in dangerous environments etc.

Their profession itself is very disturbing, yet they strive for a family.

If you have the will, you can put up a good fight - and that too only for a few years.  Even if you assume

monthly visit to court, in 2 years (as ashok said) you  visit 24 times. so what? assume you get a headache or stomach upset once a month. better than having a health issue and suffering for months continuously.

In the process, you must win the confidence ,faith and sympathies of the Judge and PP. They are also human, they know what kind of dirty game is going on.

Legal Enthusiast


have CS been filed in your case ?





Ur quarry stands satisfied by Mr. Ashok Srivastava in a very genuine and practical way. Follow his guidelines. That's the way out. Also seek competent legal help in your court cases. akseth advocate;;;;;;;;;;aksethadvct@gmail.com

best way out in case of false 498a is face the trial & get acquittal.

exemption u/s 205 helps a lot.

discharge application u/s 249 delays the trial & should be made only if there are strong grounds for discharge.

quashing happens very rarely & without having merits in quashing application, such step should be avoided. it increases the litigation & failure gives frustration.

just concentrate on main cases instead of initiating futile multiple litigations.

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