LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rammohan yadav (f)     03 December 2010

Solid Quashing Judgement 498A

WE ARE MOVING TO HC FOR 498A QUASHING AS WE HAVE ALL DOCUMENTS EVIDENCE TO EACH OF FIR POINT. PLS COULD SOMEONE POST OR SEND ME THE MOST VITAL PAST JUDGEMENT THAT ARE BASED ON CASE BEING REGISTERED ON FACE VALUE & NO PRIMA CASE APPEARS TO BE MADE OUT ..MOREVER HAD POLICE DONE HER JOB WELL, THE CASE WAS FIT TO BE DECLINED BY POLICE ITSELF.

THE FIR IS MERELY A DEEP MISUSE OF LAW & AN ATTEMPT TO EXTROT MONEY FROM US.



Learning

 7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 December 2010

Police job means investigation it is defferent than allagations. The first action is on allagations and whether they are true are not is matter of evidence only.

Most of the criminal cases are dismissed it does not mean police should not act on complaints.

Rammohan yadav (f)     03 December 2010

Mr. Kumar, I appreciate your view here but dont you agree that if all evidences were provied to the Police during the investigation (before FIR) was Police not laible to reject the complaint of the girl as all evidence against all her alligations were on record, were given with our statments. Dont you agree that its the Police who has dragged inocent people into flase case?

Rammohan yadav (f)     04 December 2010

DEAR SIR, 

THANKS FOR YOUR REPLY. IN OUR CASE THE FIR WAS FILED A MONTH BACK & PARENTS GOT THE BAIL WITHOUT A PROBLEM. IT IS CLEAR THAT FIR WAS DONE ON THE FACE VALUE & IN ORDER TO HAVE BIG MONEY FROM US. ALL HER ALLEGATIONS ARE BASELESS WITHOUT A SINGLE DOCUMENTARY EVIDENCE WHILE WE HAVE ALL DOCUMENTARY EVIDENCE AGAINST ALL HER ALLEGATIONS...SHE JUST SAYS SOMETHING IS CONSIDERED EVERYTHING WHILE WE SHOW DOCUMENTS WHICH HAVE NO VALUE FOR THE POLICE. ...HAD POLICE DONE HER JOB WELL, THIS COMPLAINT WAS BEEN REJECTED OR HAD WE BRIBED MORE THEN GIRL SIDE WHICH WE REFUSED?

PLS ADVICE IF YOU SUGGEST TO MOVE FORWARD WITH QUASHING ..BROTHER IS IN CANADA, CAN WE APPEAL FOR QUASH OF ENTIRE FIR WHICH WOULD MEANS HIS NAME IS ALSO QUASHED?    

cm jain sir (ccc)     21 October 2011

Brother

( Pls note i am not a lawyer)

Mr.498a victim has given correct grounds for quashing. my advocate had also said the same. police lodge FIR to grab money from victims. In each and every stages of complaint they will try to grab money. They will not give any justice to grab more money from you . you will be arrested then also they gets money and for not arresting you then also they want money. So dont run behind police. if you have above grounds as explained by experts then you choose for qushing or collect the evidence and fight the case. 

H B SUBRAHMANYAM (Not applicable)     16 November 2011

1.Is it proper to register the case without questioning the accused named in the FIR and prepare the charge

sheet.

If that is considered improper is there is any provision in Law and judgment of Supreme Court/ High Court in support of that.
.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Yes, it is proper, because the accused would always say that he never committed any offence.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Nitish Banka (lawyer)     04 February 2018

 

Posted by: nitish788  Categories: Uncategorized 
 

 

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India

nitish@lexspeak.in


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query