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FIR QUASHING Prior filing charge sheet? ?


17-Oct-2024 (In Criminal Law)
Wife filed false 498A FIR just to take revenge of the Police complaint and to separate me from my family.
Answers (5)

Answer #1
503 votes
on the above mentioned query there is no issue if she filed FIR under section 498a against you and her in-laws. just appear in court and file bail application before it. aa per BNS, in section 85, the maximum punishment is 3 years, so all the accused are immediately on bail. and if you want to file quashing of FIR, Then you can go for it. but one thing put in your mind that in 90% cases , the high court dismisses the writ petitions for quashing.
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Advocate Ankit Gupta

Adv. Ankit Gupta

LawRato Lucknow | 400+ Answers
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Answer #2
516 votes
it will be better you should file a section 9 petition in the court and after that you can make a base to take divorce and that ground and passing FIR under 498 is a very tough task generally in matrimonial disputes and FIR under 498 the high court are very rarely allowing any quashing.
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRatoVaranasi / Banaras | 25+ Answers
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Answer #3
657 votes
According to Section 482 of the Criminal Procedure Code, 1973, high courts can consider quashing an FIR against an accused if no charge sheet has been filed against him. FIR if it turns out to be false, baseless or prima facie case is not made out against the accused. However, the Supreme Court clarified that the criminal proceedings initiated against the accused cannot be stopped simply because the police have not filed a charge sheet against any of his allegations in this matter. The decision to quash an FIR is based on the merits of each individual case and the High Court must be satisfied that the allegations are indeed baseless or that the accused has been falsely accused .
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Advocate Kuldeep Singh

Adv. Kuldeep Singh

LawRatoAmroha | 25+ Answers
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Answer #4
665 votes
If your wife had registered false cases against you,so you could challenge it sometimes court sent both for meditation and when meditation fails then the court will make the order in respect of merits of the case kindly share more information about your case so I can help you
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Advocate Amit Pandey

Adv. Amit Pandey

LawRatoLucknow | 400+ Answers
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Answer #5
730 votes
yes you can get relief before chargesheet and if court find that FIR is false then High Court has power to quash the FIR and for more knowledge you have to explain your case to me then i can help you in better way.
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Advocate Ankit Singh

Adv. Ankit Singh

LawRatoAllahabad | 100+ Answers
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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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