498a Quashed by Madras High Court
Facts:
Wife filed belated 498a complainant after 3 years of separation.
The police were disturbing the parents they approached Hon’ble High Court and High court had directed that the police must do preliminary enquiry and refer the matter to the family court in case there is matrimonial dispute.
But instead of doing that the police registered the FIR and taken statements of interested witnesses in a single day.
Grounds of quashing
No explanation of delay in filing FIR
No specific allegations in FIR
The police acted malafidely.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997