Prepared to Quash 498a False case!!

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

1.No defect in FIR

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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By Adv. Nitish Banka
Practicing Advocate District and High courts in Delhi/NCR

9 thoughts on “Prepared to Quash 498a False case!!

  1. hello 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,

  2. FIR 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?

  3. Pingback: Understanding 498a cruelty | LexSpeak

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