Rajinder Kumar 07 May 2023

Quashing of fir u/s 498a,406

Which is most suitable time for filing quash petition in high court

1) before chargesheet being filed in court

2) after framing of charges

Please guide

Quick Summary

This discussion clarifies the most opportune moment to file a High Court petition for quashing an FIR under sections 498a and 406. It is generally advisable to file a Section 482 Cr.P.C. petition after the charge sheet has been submitted to the trial court but before the court formally questions the accused based on the framed charges. Approaching the High Court after charges have been framed is also a viable option.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 07 May 2023

It is advisable that you approach high court with a petiton under seciton 482 cr.p.c. for quashing the charge sheet after the charge sheet has been filed before trial court but before the questioning by court to the accused on the basis of charges framed

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