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Can we file for quashing of FIR in high court in 498a case


26-Jul-2023 (In Divorce Law)
Hi Sir, My Brother wife is failed a false 498-A case against entire family(father,mother and me). Actually my brother is staying in some other town, and parents are staying in a village , and my self staying in Bangalore. she mentioned in the FIR that, we tortured her physically. how this can be possible when all the staying different places. Now the case has come to court, yesterday we all are attended the court . Judge has given us next hearing date October 26. when can we go for Quashing ( i works in bangalore and married , i am suffering to attend ) how get rid of this case
Answers (3)

Answer #1
572 votes
HI,
you can approach the HIGH COURT for quash proceedings. you are having very good chance to get relief
from high court. you file before high court.
meanwhile you file a memo in the lower court to dispense with charge sheet, it means your brother will attend the court
on behalf of you and your mother,father. until court will direct you to attend for trail.
in this period you can approach the HIGH COURT AND GET RELIEF FROM THE COURT.
Answer #2
606 votes
Hi
You can definetly file a quash petition in the high court, but it is very difficult to say that at this stage of the case your quash petition will be allowed.
All the facts which you stated above must be proved by you at the time of trail.
Answer #3
605 votes
As case is filed, you have no other option but to Contest the case in court. Though your physical presence is not necessary, you can be represented by a lawyer in the court. Your facts suggest a good ground for Quashing of the FIR and only the High court has got powers for the same. Contact for further details.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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