LawRato

307,498a,dpact,323,506 false case by wife on me and parents


01-Aug-2023 (In Divorce Law)
Good day, Kindly note my wife had filed false 307,498a,dp act,323,506 case on me nd my mother,father In chargesheet my mother and father was removed from all charges except 498a,dpact. I had for most of the marriage and no dowry was taken or ever requested from her. I m on regular bail . Now my question is that chargesheet has still my name under all above charges though her all injuries are simple in nature and self inflicted by her . What are the chances of quashing in high court ?
Answers (5)

Answer #1
1000 votes
You need to approach the High Court for the quashing on the same ground that the injuries caused to her are simple and are not caused by you and are being self inflicted by her only. If you have got any virtual or documentary evidence then you must attach it to the petition for quashing. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #2
854 votes
Hi, As you said that the complaint filed by the wife is false and based on a self made story. You can approach the High Court for quashing the FIR with true facts and evidence. If I talk about quashing in matrimonial cases, the higher courts have made many recent judgements stating that false cases to the spouse are cruelty and a ground for divorce, and criminalization of dispute has become a practice these days. So there is a good chance of quashing if we prove the case.
Helpful? LawRato LawRato
Advocate Mohit Rajput

Adv. Mohit Rajput

LawRatoDelhi | 100+ Answers
Chat with Advocate Mohit Rajput Chat 
Answer #3
530 votes
Now a days the provisions are more often being misused in matrimonial disputes among spouses. So far as your issue is concerned you shud first of all seek a consultation from a lawyer weather to file 482 right now or should wait for arguments on charges. MLC report , copy of charge sheet needs to be legally Perused before giving any advise on this. 307 IPC is not a private offence its an offense against the society and would not be a cake walk in 482
Helpful? LawRato LawRato
Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
Chat with Advocate Anubhav Kathuria Chat 
Answer #4
836 votes
Hi, The High Court may mostly br include in concluding the evidence before quashing. as the chargesheet is already filed, I think high court will first ask to get the evidence concluded. for more information feel free to have a word with me, all the best.
Helpful? LawRato LawRato
Advocate Sahej Uban

Adv. Sahej Uban

LawRatoDelhi | 700+ Answers
Chat with Advocate Sahej Uban Chat 
Answer #5
735 votes
Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence. You need to hire expert advocate to fight back the case ! Plz b in touch
Helpful? LawRato LawRato
Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
Chat with Advocate D. Khan Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato