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quashing 498a, against self and family


30-Aug-2023 (In Divorce Law)
i am govt servant .. my wife filed 498a against me, my three married sisters, brother in law, mother,. she made three charges of dowry harassment..1. giving car regd with my wive' brother after one month of marriage on demand.2.giving 50000 at the time of my heart attack on demand 3.rs 10 lac demand being demandedfor the 2yr old daughter..can fir be quashed on 1.territorial jurisdiction of seoni is wrong as she never came to seoni..lived only fivemonths in delhi out ofthree years of marriage..2.one&half year,she is at parents home..2.delayed complaint after one&half yr of parents home..
Answers (3)

Answer #1
763 votes
Hi,
It's appears to be a fit case for quashing by the High Court. Delay in fir and other important factors suggested by you are good grounds for quashing. You shoul not do delay in approaching the High Court. In similar matters, earlier I succesfully handled quashing cases.

Raghvendra Singh Raghuvanshi
Advocate-High Court of MP, Indore

Answer #2
668 votes
If her parental home is at Seoni and she is residing at Seoni since she left you or since one and half years, then there is no error of jurisdiction. An aggrieved woman can also file such complaint from the place where she is living on the date of complaint. But if her parental home is not Seoni, and she is living with her parents since she left you or since one and half years, then she cannot file the complaint at Seoni. The complaint is not barred by limitation because for the complaint under Section 498A, limitation period will be three years.
Answer #3
716 votes
Yon can go for quashing of Fir u/s 482 of crpc on above grounds adding that no case under section 498 a is made out as there is only allegations of dowry.. and no cruelty is alleged in fir as defined in cetena of dicisions of hon'ble apex Court where misuse of section 498a is discussed.

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