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Rajashekhar (Engineer)     15 December 2012

Quashing 498a

Hi experts,

my wife has files 498a in the month of july 12 and recently(NOv12) she filed RCR in city family court asking either accept her or pay her heavy meintanance. on the other forums I learned that based on 498A followed by RCR (intent to come back to matrimonial house) Both are contradicting shows that there is no harrassment or treat to her life. 

1) my first question is, can I apply for Quashing 498a FIR ie. 482 quash based on above fact and some other evidance that there was no any harrassment.

2) 482 quash, Is it advisable to apply before charge sheet or after the charge sheet. I heared from police station that, they are preparing the chargesheet, but they haven't visited my house surroundings and did any kind of investigation as per our knowledge. do the police has powers to prepare charge without investigation. If they have made wrong allegations can i send them RTI. 

3) After failling dowry and hurrassment case in Police station, my wife along with her some family members and police they visited my house and taken back all her jewellary and belongings. but police has not given us any kind of proof that we have handed over all her belongings. how to get a proof for the same.

Please advise me.



 6 Replies

Rahul Kapoor (Legal Enthusiast)     16 December 2012


ya u can go for quash but everything can be said after looking at the fir.

Quashing can only be done before filing of chargesheet.

Get an undersigned list of itmes given to other party .




1 Like

Munirathnam (Scientist)     17 December 2012

Just ask your wife to join you and say to court in RCRC that you are interested to take her. Then ask the court to dismiss the RCR.


Once RCR order is passed then file Quash petition saying that wife is willing to lead life and also wife is happyly living and the case is false.


Lets us see what the Judicial System thinks about this wife.....? 


Do not file RTIs to police now but you may file after charge sheet is prepared.


Let your wife come to your home then Act like you are shoing love towars her and some other people are not liking your happiness hence all these happned then slowly ask het to reveal the facts then record all the conversations secretly and keep them secret till you need them.


This is called Trapping a criminal.

1 Like

Munirathnam (Scientist)     17 December 2012

It is clear that your wife is forcing you to admit in court that you are not ready to accept her into matrimonial home. That she will use in her maintenance case to get more maintenance later.


Suppose if you ask your wife to join you then her plan will destroy .... also it brings sympathy towards you.


Try to understand what and why your wife is doing any action of her.

arun kumar (accountant)     17 December 2012

Hi Munirathnam Ji,


audio recordings as evidence are acceptable in courts or not??  I am asking this question because different peoples give me different answers.



Munirathnam (Scientist)     17 December 2012

Just you submit in court and let the court decide later....

Recently ZEE News channel dorector said that he is ready for voice sample tests and other....

Arjun Gupti (Business)     22 December 2012

DO NOT ALLOW HER TO ENTER YOUR HOUSE AGAIN. DO NOT BRING THAT GIRL BACK ANY COST. She will hurt herself and will file domestic violence and more serious offenses against you. JUST GO FOR QUASHING.

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