does 498a f.i.r gets quashed if chargesheet does not get file in 3 yea

Question

does 498a f.i.r gets quashed if chargesheet does not get file in 3 yea

03-Jul-2024 (In Criminal Law)

wife field 498a and 406 F.I.R in year Feb 2022 , IO called in march 2023 completed the interrogation and did not file a charge sheet, the last incident inside the F.I.R of dated Aug 2020, Can I go for quashing on the below below-ground "Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident." or in MM court under which section shall I file an application to dispose of the f.i.r as now court can not take Cogni

Answers (5)

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Adv. Rinki Adv. Rinki

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-07-03T08:01:05+05:30

Answer #2

You need to approach the High Court only if you are looking for quashing of the FIR as the High Court is solely entitled to do so. You need to attach the certified copy of the FIR along with its true typed and true translated copy if needed.

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Advocate Vinay Redhu LawRato · Accepted Answer · 2024-07-03T08:12:17+05:30

Answer #3

You cannot go for quashing of FIR under section 468(2)(c) because the said section only pertains to the time period during which first complaint to police can be made and not after registration of FIR and delaying in filing chargesheet by the police . But you can definitely file an application without 468 crpc for quashing of FIR citing delay in filing chargesheet

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Advocate Amit Sharma LawRato · Accepted Answer · 2024-07-03T10:01:33+05:30

Answer #4

Hello yes you can approach for FIR quashing. it's advisable to cross check all facts and if no cross case is there or any such allegations you may approach if you can afford hire a lawyer and if financial condition is concern may be you can approach DLSA

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LawRato LawRato · Accepted Answer · 2024-07-03T14:41:36+05:30

Answer #5

unless there is a settlement between you and your wife l, it is advised that you should not go for quashing of FIR. Because if any such application goes to the court then there might be some query by the court regarding the same and unless you are able to prove that there is an amicable settlement the FIR cannot be quashed

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