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Quashing of 498A FIR in High court after charge sheet has been filed
26-Feb-2023 (In Criminal Law)
Hi 498a fir was lodged against me and now IO has filed chargesheet in the court without arrest I am having a strong evidence to prove myself innocent can i go for quashing the chargesheet in high court
Dear Sir
Since you are saying that you have a strong evidence, that may very well prove handy to get the FIR quashed. The FIR is quashed under Section 482 of Cr. PC. The important thing that the court looks into while looking into a quashing case is, that whether the ingredients of the offense are made out as per the FIR which means that FIR should prima facie disclose that ingredients as per the IPC section are made out otherwise same is liable to be quashed . I would be in better position to help you out if you can share the FIR with me. Please feel free to contact me.
Warmly
Ambanshu Sahni
Advocate,
Supreme Court of India
Since you are saying that you have a strong evidence, that may very well prove handy to get the FIR quashed. The FIR is quashed under Section 482 of Cr. PC. The important thing that the court looks into while looking into a quashing case is, that whether the ingredients of the offense are made out as per the FIR which means that FIR should prima facie disclose that ingredients as per the IPC section are made out otherwise same is liable to be quashed . I would be in better position to help you out if you can share the FIR with me. Please feel free to contact me.
Warmly
Ambanshu Sahni
Advocate,
Supreme Court of India
Helpful?
151+
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Adv. Ambanshu Sahni
Chandigarh | 25+ Answers
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What happens after chargesheet is filed in 498A?
After the chargesheet is examined by the accused and their attorneys, the court frames the charges. Telling the accused what crimes you have been charged with.
How do I quash 498A chargesheet?
False Indication in 498A Cases
Parties falsely implicated can approach the High Court to have the FIR quashed under Section 482 CrPC. A party who has been wronged can also file a writ to the High Court in accordance with Article 226 of Constitution, asking for the FIR to be quashed. 04-Nov-2023
On what grounds 498A can be quashed?
The choice is between the accused. If the accused feels that the fir against him is false or the proceedings in a case are not fair, then they can file a quash petition at the high court.
Yes you can approach for the quashing of the FIR before the high court as contested and if there is any settlement between the parties than also you both the parties can file the quashing for the quashing of the FIR.
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Adv. Girish Kumar
Delhi | 25+ Answers
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Hello client hru.
I have read Ur query according to u u have been allegated Buba false FIR of 498 A IPC against you chargesheet has been filled in Ur case by the IO .you are having a strong evidence tht Ur inocent in this matter you can prove Ur inocence in court . So in this case we can move to high court .
I have read Ur query according to u u have been allegated Buba false FIR of 498 A IPC against you chargesheet has been filled in Ur case by the IO .you are having a strong evidence tht Ur inocent in this matter you can prove Ur inocence in court . So in this case we can move to high court .
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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It is possible to do so even after filing the Charge Sheet. It can be done even after the charge sheet has been filed in the trial court.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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