How to quash an FIR filed under 498a

734 votes

Quashing an FIR filed under Section 498A of the Indian Penal Code (IPC) is possible under Section 482 of the Code of Criminal Procedure (CrPC), which gives the High Court the power to quash any criminal proceedings that are deemed to be frivolous, vexatious or oppressive.

The following are some of the grounds on which an FIR filed under Section 498A IPC can be quashed:

1. False and malicious allegations: If the allegations made in the FIR are false, frivolous or malicious and are made with an intent to harass or intimidate the accused, then the High Court may quash the FIR.

2. Lack of evidence: If there is insufficient evidence to support the allegations made in the FIR, then the High Court may quash the FIR.

3. Settlement between parties: If the parties have settled their differences and have arrived at a compromise, then the High Court may quash the FIR, provided that the settlement is genuine and not a result of coercion or undue influence. The court must be satisfied that the compromise is voluntary, and that the parties have resolved their differences amicably.

4. Abuse of process of law: If the filing of the FIR amounts to an abuse of the process of law, then the High Court may quash the FIR. For example, if the FIR is filed with mala fide intent, then it can be considered an abuse of the process of law.

5. No offence made out: If the facts alleged in the FIR do not constitute an offence under Section 498A IPC, then the High Court may quash the FIR.

It must be borne in mind that the quashing of an FIR is at the discretion of the High Court and is decided on a case-to-case basis. The court will consider the nature and gravity of the offence, the circumstances under which the offence was committed, the age and health of the parties, and the possibility of a conviction if the matter goes to trial. The court will also consider whether the quashing of the FIR will lead to any injustice to the complainant or the society at large.

Advocate Sudershani Ray LawRato

657 votes

FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help

Advocate Prashant Agnihotri LawRato

521 votes

Sir,
you have to go to the high court for quashing the FIR and it will be only one or Max dates and your FIR will be quash with out any compromise etc-etc. Dnt wrry in this.

Thank you
A. F. Faizi (advocate)

Advocate Ahmad Fuad Faizi LawRato

859 votes

Sir you can move to the concerened high court and filed a quashing petition in which your wife will be respondent and give her consent and filed the same petition affidavit and give her statement before high court concerend and then only your FIR will be quashed.
Further you can contact me for Quashing proceedings
Thank you

Advocate Mohd Shuaib Khan LawRato

955 votes

I advice you to reduce your understanding into an MoU and then make it the part of your quashing petition and present to the concerned high court as high court being the highest court in the state has power to quash FIR. For the reason, it is requested to refer your matter for mediation and then reduce your settlement understanding into MoU and then on the basis of such MoU seek quashing. You will definitely get the FIR registered against you and your family quashed there n number of judgements to that effect.

Advocate Ujjwal Jain LawRato

798 votes

Quashing FIR 498 A

FIR u/s 498A can be quashed in the High Courts before commencement of trial.
Jurisdiction: Normal rule is that the offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.
However, when it is uncertain in which of several local areas an offence was committed or where an offence is committed partly in one local area and partly in another or where an offence is a continuing one, and continues to be committed in more than one local area and takes place in different local areas as per Section 178, the Court having jurisdiction over any of such local areas is competent to inquire into and try the offence. Section 179 makes it clear that if anything happened as a consequence of the offence, the same may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
Grounds :
1. Vague Allegations
2. Where the allegations in the first information Report taken on its face value and accepted in their entirety do not
constitute the offence alleged.
3. Where an allegation constitutes an offence but there is no evidence adduced. So lack of evidence is another ground.
4. False allegations against relatives.
5. Delay in filing charge sheet is also a good ground for quashing of FIR u/s 498A.

Advocate Reena Rao LawRato

228 votes

If the High Court is convinced that the accused person was falsely implicated and innocent, it can quash the FIR. The High Court can also do this if the proceedings in a case have not been conducted fairly, and/or if certain provisions of Sec. The report does not mention Section 498A.

Advocate Chikirsha Mohanty LawRato