harrassed (SE) 01 November 2014

Quashing a false 498a

Hello All,

I'm planning to file the quash petition against the false 498A case that was filed against A1) Myself, A2) My Father, A3) My mother. Since my parents are staying in the home town, my advocate is saying that case will be quashed for my mother and father if we file the petitions separately. Advocate goes on to say the being A1 it will be difficult to get the FIR quashed.

Could you please let me know what are all the things that can be used/produced before HC to get FIR quashed against F1?

Thanks in advance.

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 November 2014

You will have to file a writ challenging the charge sheet, if it is filed.

Time cannot be said because there iwll be listing procedure in the high court.

you need strong grounds to succeed quashing u/s 482 in HC

If you have compromised with your wife before the mediation and conciliation centre or before any court, your compromise terms & conditions are settled get the copy of that. Get the Petition u/s 482 Cr.P.C prepared immediately and endorse from your wife that she has no objection if petition is quashed. Before High court she has to appear along with you and it will be quashed on same day of listing before high court but this process will take time as per the cause list.

rajendra (na) 01 November 2014

Quashing is waste of option........

Even though every one knows parents are living seperately but still they will not consider this and ask us to go for a trial..........

to file a FIR quash u need certified copies of FIR

to file charge sheet quash u need certified copies of FIR+ chargesheet

if u want go however of the result go after charge sheet..not before that..

i would suggest you to file a speedy trial in lower court and get personal exemption order for apperance..

Saurabh..V (Law Consultant) 01 November 2014

@Author

Suggestion of your lawyer seems genuine. Your parents (if not directly named in FIR) are eligible to be safely put-off from the case. And once their names are removed from the FIR, then you get a backing to fight your case.

S.482 CrPC is a discretionary & exemplary powers of the HC to save an innocent from injustice. If you have such proofs which throws away case of prosecution, then you would certainly succeed but a rejected application from HC may hinder your smooth path in Sessions Courts.

Choose wisely, live well :-)

Regards

Saurabh

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harrassed (SE) 03 November 2014

Thanks all for your reply.

As I have mentioned in one another query, already I have proof from social welfare department saying that there is no harrassment in 2012. After that I had filed divorce in 2012. At that time she said that everything was by mistake and she will not repeat the same again. Now she is repeating the same thing again after reconciliation on 2013-July. She and her parents had given an undertaking saying that they will not be repeating this in 20 RS stamp paper. The only mistake from my end was that the stamp paper was not submitted in court as my previous advocate has said that everything will be fine from now on.

Please advice.

Thanks in advance

T. Kalaiselvan, Advocate (Advocate) 05 November 2014

You can very well approach high court for quashing her false case and you may rely on the stamp paper assurance by her on an earlier situation that she will not repeat the issue and harass you anymore. The evidence in your possession will be a strong and authenticated evidence to justify your claim to quash the pending 498a case. Take the help of a prudent lawyer if your present lawyer is not cooperating.