Right time to go for quash in 498a case

The right time is right now.

Once the charge sheet is filed and the charges are framed, the HC cannot exercise the inherent power u/s 482 Cr.P.C. If the allegations in the FIR point out the scope of filing for quashing then file it without any further delay.

Ashish Davessar
Advocate
Supreme Court of India

Punjab and Haryana High Court

Though you may try but the case is never quashed by HC. Filing Quash would just stay the lower court proceedings for sometime but ultimately it would go for trial in the lower court itself.

so if you aim at delaying the proceedings than you can go for quash.

Quashing can be filed anytime before charges are framed. At this stage it is quashing of FIR, after challan is presented it is called quashing of chargesheet and proceedings emanating therefrom. If the FIR has potential then as advised go in for it now, going in for quashing is always a risk - it pays if it is calculated and recklessly going in for it may disclose your defence and give the prosecution chance to fill up the lacunae in it's case. 

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Law for Layman (Laws of India Initiative)

*www.advocatebharatchugh.wordpress.com

*www.bharatchugh.wordpress.com

*www.facebook.com/advocatebharatchughonthelawsofindia

*https://www.lawsofindia.blogspot.in

I disagree with Sanjeev.

Once the petitioner has been able to convince the HC that the allegations in the FIR taken at their face value either do not reveal the commission of an offence or that the same have been levelled with the mala fide intent of causing harassment, the HC would exercise its inherent power. In one of the cases I myself argued very recently the HC quashed a complaint terming it an abuse of the process of law. The counsel has to argue for quashing with a lot of perseverance. Normally the HC does not look beyond the scope of allegations in the FIR to form an opinion on quashing, and rightly so. It is not open to the HC to appropriate to itself the functions of a trial court.  Evidence of innocence, if any, has to be pointed out at the right time and not at the outset. If a case for quashing is made out and it is argued properly by the counsel, the HC would in all likelihood exercise its inherent power to remedy the abuse of process of law.

Ashish Davesssar

Advocate

Supreme Court of India

Punjab and Haryana High Court

@ Ashish Devasar- The FIR's are so drafted that it do not leave any chance that it would be inherent from face of FIR that there is no commission of offence so it dont leave any room for quash.

Can you give me the case # of the case you fought and got quashed or attach it here for us to update our knowledge :)