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Can we go quashing of police final report charge sheet in 498a matter
01-Feb-2025 (In Criminal Law)
police registered the F.I.R 498a, 406, 34 in Feb 2022 in which complainant has put specific allegation against A1 to A5
In Nov 2024 police filed the chargesheet, in the final report police stated that for A1/husband due to miss understanding parties are staying apart and for other accused police did not find any evidence against A2 to A5 hence putting the name of column 12.
can go i for quashing of 498a chargesheet as miss understanding is not the ingredient to file 498a
Yes if the FIR lacks any merit and the chargesheet is silent upon the elements of crime as mentioned in the provisions of law, quashing is the right recourse to follow. Feel free to contact for any further assistance
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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Given the facts of the case you can surely file for quashing as rightly stated that misunderstanding is not an ingredient of 498A. However you will have to sit and discuss the possibilities while going for quashing. Courts are quick in pushing both sides towards mediation and in case you don't want mediation your lawyer will have to stand firm on legal grounds.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Yes you can definitely approach the high court for quashing of the said FIR against the parties citing the chargesheet of the police that no offence is made out against you people. And misunderstanding is no ground to file a FIR.
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Adv. Vinay Redhu
Delhi | 200+ Answers
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if the matter has got settled in the court then yes you can go for quashing. but for the confirmation i need to know the details of the case and what orders have been given by the Hon'ble Court.
kindly call or dm for the details.
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Adv. Divya Kiran
Patna | 50+ Answers
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Dear
For quashing of FIR under 498A, The high court will look into the facts and circumstances of the case and will see it prima facie there is no offence made out as per this section and then only the FIR can be quashed. It is however advised to you take legal advice by providing all necessary documents like chargesheet and other facts for better advice.
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Adv. Mohit Rajput
Delhi | 100+ Answers
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