Second opinion required for quashing 498a after chargesheet


Dear Sir's

Charge Sheet is filed in 498A, and charges are framed only on basis of Oral Evidence of Wife (Submitted as written evidence to Police) without any other material evidence of the alleged crime or any other type of evidences.

My doubts are

1) If case petition for quashing is filed, does Honorable High Court still consider just the FIR and test for the 7 point guidelines as laid by Supreme Court for quashing, or will it consider the Charge Sheet submitted by police and documentary evidence submitted by Husband to show that oral evidence of the wife is false and allegations are baseless.

2) Is it fruitful to try to quash the FIR or try for cancellation of FIR in regular trails?

Regards,

Chetan Kumar

 

 
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Advocate

The chargesheet would be quashed only if the chargesheet, taken in it entirety and accepted as a whole, does not disclose the offence as alleged.


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CEO

It is advisable to contest the chargesheet at the Lower Courts, Higher Courts do not always quash the 498A chargesheets.

 
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Thank you P.Venu Sir and Kishore Mehta.

As per what i understand from your comment. If there are no supporting evidences attached to prove the charges framed in chargesheet, then it is a case fit to be quashed.

Please clarify sir

 
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Advocate

Please note that oral evidence is also substantial evidence.


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