Skip to the content

Lexspeak Legal

From Layman to Lawman

  • About
  • BLOG
  • CONTACT US
  • LEGAL ADVICE

Thinking of Quashing 498a?

Criminal Law, Family Law, Landmark Judgements
    • By Nitish Banka
    • 1 Comment on Thinking of Quashing 498a?
    • May 11, 2014

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

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
About 498a-understand cruelty
Posted on 3:07 pm - November 23, 2015

[…] correct legal advice along with correct legal techniques can save thousands of witness, there is a mechanism of quashing false case, and in some cases quashing is the most efficient and fastest remedy, but there are some […]

Comments are closed.

Proudly powered by WordPress | Theme: Consultera by Wpazure.
Back To Top