Quashing of 498a is not easy, a petition under 482 CrPC is often filed in the HC if a person is aggrieved by a false case, here are the points which would cause rejection of your petition under 482 CrPC
If the FIR disclose an offence prima facie in nature then HC has no power to quash the petition under 482 CrPC, Under 482 CrPC HC has no power to go into evidence.
2. No Lapse in procedure
If the HC is satisfied that trial court has followed all the procedure then HC may not interfere in the findings of the trial court.
3.Pending investigation
If the case is pending investigation then also FIR cannot e quashed as HC cannot interfere in investigation process unless there is malafide in investigation.
4.Powers under 482 CrPC to be use sparingly
Even if the wife has lodged a false case, you have to face trial and HC cannot interfere in it unless there are cogent reasons.
Here are the few judgments which would help you to decide whether to go for 482 quashing or not.498a-interim-maintainence-cases
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Rithima Shinde
Posted on 2:41 am - August 20, 2014hello sir. Can you write a piece of write up on the judgements where essential ingredients of Sections 201, 290, 292 (2), 420, 466, 466, 468 to 471, 500, 509 of IPC have been discussed? Landmark judgements on those sections.
Kindly publish your articles with citations. We have to prepare assignment on those topics by the end of 15 days henceforth. Kindly help us by way of writing an article for more than 125 students so that we may get an idea to explain our assignments.
Thanks in anticipation,
Rithima Shinde,
B’lore.
nitish7588
Posted on 2:47 am - August 20, 2014Hi I don’t write academic articles, however I would help you on how to write good articles and make it more engaging, feel free to call at 9891549997
Ak
Posted on 11:15 am - August 21, 2014FIR u/s 498a contains the false claim by informant(i know its fault of lawyer) is that marriage is taken place by Hindu marriage act, where as, in fact, marriage not taken place in court, its performed under Hindu ritual at hotel and never registered. What is the chance of quash on the ground of erroneous FIR?
nitish7588
Posted on 5:25 pm - August 23, 2014I can only comment if I can see the copy of FIR. Please contact me on 9891549997
separatedparents
Posted on 3:24 am - September 22, 2014will you please give some questions to be asked with women in trial of section 12 DV
separatedparents
Posted on 3:28 am - September 22, 2014will you please give some questions to be asked with women(wife) in trial of section 12 DV
asma banu
Posted on 2:49 pm - December 4, 2014498a quashing chargesheet quash in hc possible
Understanding 498a cruelty | LexSpeak
Posted on 1:21 pm - November 28, 2015[…] false case, and in some cases quashing is the most efficient and fastest remedy, but there are some cafeteria for this, in most cases the high court tells to face trial, yes quashing can happen through high […]
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Posted on 5:06 am - March 23, 2018excellent issues altogether, you just gained a new reader.
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