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Filing 498A FIR Quashing in Delhi High Court


22-Sep-2025 (In Divorce Law)
Based on ““Nitin Ahluwalia vs The State Of Punjab on 18 September, 2025””, I am thinking to file an application in Delhi High Court to quash the FIR as the 498A case was filed After 4 years of our Separation stay, after 3.5 years of me filing the Divorce application in Delhi Family Court, she herself started Divorce wish in Canada in June 2019 by sending divorce notice to me, She filed 498A case in retaliation to my warning of Not to touch my 12 Lakh Rs which she frauded from our joint bank.
Answers (5)

Answer #1
993 votes
You may file a petition under Section 482 CrPC before the Delhi High Court seeking quashing of the FIR if you can show that the 498A case is malicious or filed as retaliation. The judgment you cited may help, but quashing depends on facts, evidence, and whether the allegations disclose a prima facie offence. Parallelly, you can also pursue remedies in the divorce case and raise the issue of misappropriation of funds through proper proceedings. Engage
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

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Answer #2
657 votes
yes , In these circumstances , you have better options to file the quashing of the FIR in high court. if you file to quash the fir on merit in your case there is a possibility to quash . the process is simple to filing the quashing petition in high court
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

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Answer #3
507 votes
You can proceed filing quashing petition based upon the merits of your case in 498-A IPC cases. Judgments are supportive to the case however in every matrimonial dispute the facts are peculiar and the judgments can be relied to support the merits of our case but can’t be enforced mechanically. Complete case details needed for better advice. Feel free to connect. Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #4
548 votes
You may consider filing a quashing petition under Section 482 of the CrPC (Code of Criminal Procedure) before the Delhi High Court. This section gives High Courts the inherent power to quash criminal proceedings to prevent abuse of the legal process on the following grounds: Delay in FIR, retaliatory move, lack of prima facie case, settlement of civil disputes miss categorised as criminal, jurisdiction issues, multiple proceedings. You can file for an anticipatory bill if not already done. File a complaint or FIR for cheating or criminal preach of trust under section 406 or 420 IPC.
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Answer #5
702 votes
Yes...if you wish to apply for the quashing of the FIR that is registered against you then you need to approach the High Court under which jurisdiction the FIR was registered. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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