Quashing of 498 a


if a girl never stayed with her inlaws , and after staying with her husband came back to her parents for the reasons that her parents are depending on her earning , after that her husband went abroad and offered to her to come with him , and after two years of staying with her parents she never came to her inlaws or husband , now filling f.i.r that she was cheated by husband and inlaws and asking for dowery , how all should tackle the case and how should move forward to quash the f.ir

 
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advocate

  1. quashing of an FIR is made under section 482 CrPC t the high court. secondly it is also true that till the 482A is allowed the accused has to face the trial below.
  2. but if you wants to face the trial of 498A in the trial court then it is also fine.
  3. an advocate before making any conclusion should recollect all the documents with him and also which could be benificial in future

 

 
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Lawyer

well Nishant, remedy under S.482 of Cr.P.C for quashing of FIR is an extraordinary remedy.

u must understand quashing petition lies before the High Court and in such kind of petition the High Court can not appreciate evidence or look into merits of the case, rather the high court will quash the FIR only if there is an abuse of process of law or the prosecution itself is malafide.

but if the facts are required to be proved by way of evidence then high court will not interfere.

however there are numerous latest judgments by SC where the FIR under S. 498-A can be quashed on the basis of compromise.

my advice to u is try to compromise the matter with the wife.

u may take help of some good lawyer or find some lawyer from this portal itself who is practising in ur state.

Regards,

Kiran Kumar, Adv.

09814303538


Total likes : 1 times

 
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practicing advocate

Learned Kiran Kumar is rightly advised u. Normally High Court will not entertain the petition for quashing FIR, So it is better to compromise.
 
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lawyer

First take steps to comprimise the matter , then it is easy for you to quash FIR.

 
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I agree with Mr. Kiran.

 
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I am also thankfull to Mr. Kiran and all the respeted Advoates in the discussion , but Sirs I here by want to add that this matter belong to my younger brother , and he is abroad , and in his absene his inlaws are creating problums for us , we all have tried for compromise at our level as some times girl's father is asking money and some times asking to call my brother , important thing is that my brother was not staying with us atleast 4-5 years even before his marriage and after that also he and his wife lived together outstation as he is in the job and was posted at hyderabad , and before going abroad his wife's visa was also issued but she came back to her father's plae due to medical reasons for few days , after that she was expected to go abroad to join my brother there , but after comming back to her father she nither  came at our house and nor went to her husband , now saying that we threw her out of our house and lots of baseless aligations against our family and logged a f.i.r against us including my brother . I need more advice that how we all can come out of it as our parents and me have nothing to do with this case.

One more advice i need that is there any notification of supremecourt that the case of 498a should be registered only on husband and his parents so that at least we can save other members of family on this ground and can fight for the remaining ones to bring them out of this.

 

Once again thanks to all the respected members who are participating in this disussion.

 

Nishhant

 
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Nishhant,

As Mr. Kiran said FIR quash is very rare.

From your message you can try following options.  Experts may give more suggestions.

1. If your family members already got bail then ask police to file report to the court (it may be charge sheet or 'mistake of facts' report). At this level police may remove few family members from the report.

2.  Take that charge sheet and go for 'charge sheet quash' in HC. Entire charge sheet may be quashed on merit or atleast few members will be discharged.

3. Use those discharged members to file defamation case and other cases (your lawyer may help) against your opponent. Then let the opponent to eat the fruits of their false complaint.

4.  Hire good lawyer to fight in the lower court to disprove the charges on remaining persons.

5.  Answer for your final question: There are several guidelines, circulars  related to IPC498A and DP cases have been issued by SC and HCs. Nobody respect  those orders, especially police and lower courts.  All business. Only option is wisely "FIGHT FOR JUSTICE".

6. Importantly never think about compromise unless you think you committed wrong.  Compromising with a criminal is against our "Holy Indian Justice System" . Moreover you will have to face the consequence (for instance later may be 304B).  Fight for justice until you win.

7. Help the society to remove the "False 498A Weeds". Never encourage those law abusers by compromise. This may cause some temporary pain in your family but  eventually you will enjoy the real freedom and save the future society from the "WEEDS".

Jai Hind !

 
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Advocate

Firstly contest all the points stated by you at the time of framming of charges. Despite your contest if the charges are framed then move to the appellate forum against the charges framed.
 
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Samaritan

Mr. Kiran Kumar's 'advice' personifies the typical, cowardly response to extortion and blackmail. It is catalytic to fattening the coffers of those miscreants in authority entrusted with almost absolute power over the common person. Certainly, even the ‘Law’ provides ‘short cuts’ that circumvent ethics and expection of fair play, or as Mr. Kiran Kumar euphemistically phrases it, “numerous latest judgments by SC where the FIR under S. 498-A can be quashed on the basis of compromise”. Wah-Saab-Wah! But in my books, a “compromise” is tantamount to an admission of guilt. Let your conscience be your guide. But keep in mind, it was not a spineless response to Imperial Tyranny that freed our country, and it will not be a timid, pacifist, spineless, ‘grab your ankles’ response to extortion that will one day free our courts from such treasonous corruption.

 
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