Thinking of Quashing 498a?
Here the conditions which could help if you are moving an application to quash 498a under 482 CrPC
1 Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can
ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
2 Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
3 Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”
Full Judgement -http://judis.nic.in/supremecourt/imgst.aspx?filename=33908
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
