quashing of FIR Under section 498 A

Question

quashing of FIR Under section 498 A

20-May-2023 (In Criminal Law)

What id the procedure for quashing of FIR und section 498 who can quash the FIR??

Answers (4)

Answer #1

Adv. Siddhant Sharma

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2015-05-20T20:36:59+05:30

One needs to file an application u/s 482 Cr.P.C before Hon'ble High Court for quashing.

Though you have not mentioned here whether you are complainant or accused but in case compromise has been reached between the parties then joint quashing petition can be filed otherwise accused person can file quashing individually.

Also copy of FIR and charge sheet (if filed) are required to file with the quashing petition.

LawRato LawRato · Accepted Answer · 2015-05-21T10:48:46+05:30

In order to have an FIR quashed an appropriate petition under Section 482, CrPC has to be filed before the concerned High Court. The grounds have to be tenable and cogent for the high crt to interfere as the High Court does not ordinarily quash an FIR before conclusion of investigation

LawRato LawRato · Accepted Answer · 2015-05-21T12:33:22+05:30

You will have to file a Petition under Section 482 of the Code of Criminal Procedure before the appropriate High Court and only the High Court can quash a FIR under any section, not just 498 - A. Please keep in mind that generally the High Court will not interfere at the stage of investigation so advisably file the petition after the filing of the Charge Sheet.

Advocate Ankur Aggarwal LawRato · Accepted Answer · 2015-05-21T15:32:34+05:30

Answer #4

One need to file an application u/s 482 Cr.P.C before Hon'ble High Court for quashing. Though you have not mentioned here whether you are complainant or accused but in case compromise has been reached between the parties then joint quashing petition can be filed otherwise accused person can file quashing individually. Also copy of FIR and charge sheet (if filed) are required to file with the quashing petition.

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Adv. Ankur Aggarwal

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