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my divorce case is in progress and she has filled a FIR against me
12-Feb-2026 (In Criminal Law)
my divorce case is in progress and she has filled a FIR against me and my family member under 498 A/ /406/323/34IPC, chargesheet has been filed . however, all claims are false, she even didnt stay with my family and i never ask for dowery , she dosent have any proof. how and where i can quest the FIR. guide me.
One- You can defend the FIR itself in the trial court and argue for discharge. Usually the courts are not inclined to quash unless there are some major points of discharge
Two- You can seek quashing of FIR from the High Court and also pray for stay of proceedings arising out of this FIR.
Three- you can challenge the order on charge or summoning order before the sessions court.
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Adv. Pallav Gupta
Delhi | 25+ Answers
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I believe you want to ask whether you can quash the FIR. To quash you need to approach the Hon’ble High Court under Section- 482. If the court is convinced by prima facie looking at the case that no offence has been made out you may receive an interim protection from arrest and eventually the case may be quashed.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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Since chargesheet is filed, you may:
File a quashing petition under Section 482 CrPC before the High Court if allegations are false.
File a discharge application before the Trial Court if no prima facie case is made out.
Consult a lawyer promptly.
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Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Sir you can seek quashing if the facts of your case falls in it, otherwise you have to go for discharge application. For precise advice detailed analysis of your facts is necessary. We can prosecute her for malicious prosecution provided essentials of it satisfied.
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Adv. Harshit R Gupta
Delhi | 25+ Answers
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Dear sir Challenge the FIR before the jurisdictional High Court under Section 482 CrPC (now Section 528 BNSS) seeking quashing on grounds of false and omnibus allegations, absence of dowry demand, and lack of evidence. Alternatively, press for discharge before the trial court after scrutinizing the charge sheet.
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Adv. Nikhil Karwal
Delhi | 25+ Answers
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Hi there, as the FIR is registered and chargesheet has been filed, you'll first have to file a discharge application to the judge it gets allotted.
Once the discharge is granted then you'll have to get the FIR quashed from the High Court.
However, you can directly approach the high court for quashing but that will depend on the contents of FIR and chargesheet.
It's advisable to contact me and provide requisite details to assist you better.
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Adv. Ishan Parashar
Delhi | 200+ 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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