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I want to file quash petition in High Court against 498 (A)


04-Aug-2023 (In Criminal Law)
I live in Wardha, Maharashtra and presently working in Saudi Arabia. I am Muslim by religion & married twice. My first wife did private magisterial complaint with Judicial Magistrate Dhanbad, Jharkhand against me & my family members under section IPC 498 (A). The complete matter is that in October 2011, I was married to my first wife who is Muslim and belongs to Dhanbad, Jharkhand after the marriage things didn't go well because of compatibility issues as she was hot tempered and doesn't perform any work in the regular household things and other obligations and disrespected my late mother and my brother, sister-in-law and their children. We didn't consummate our marriage and also after 3 months she abandon my house and left with her parents. We got successfully quashed the allegations in Jharkhand High Court against my family members but still the trial didn't started for me but now I want to quash the 498 (A) case against me so should I approach the High court for quashing or not?
Answers (1)

Answer #1
689 votes
Dear Client,

As you are into litigation since 2011, your advocate might have adviced the said step of going for quashing and he is correct.
If the trial has not yet commenced, you can very well apply for quashing of fir before Hon'ble High Court.

Expert Jurist LLP

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