638+ Lawyers are online 
Quashing of charge-sheet and 125 maintenance in case of 498a
24-Jun-2023 (In Divorce Law)
My wife got separated from me in 2018 and after 1 year she filed for section 9 hma and now she has filed 498a and 406 my question is - If after filing charge-sheet, I go for quashing, will high court put stay on session court proceedings for 498a and 125 while the quash petition is in process ?
Quashing of FIR can be done even after the filing of the charge sheet as per the guidelines of the Supreme Court. However quashing has some grounds which needs to be fulfilled. Court can grant stay over the lower courts proceedings. For any further legal assistance please feel free to contact
Thanks
Thanks
Helpful?
10+
10+
Adv. Bhawana Pandey
Delhi | 500+ Answers
Chat
The quashing petition can be before and after filing of the charge sheet by the IO. However, the courts exercise the powers unde Section 482 crpc sparingly and in exceptional cases. Therefore stay will be granted and petition will be admitted only if the FIR is patently false. So far as 125 Crpc is concerned it stands on a different footing and will not be stayed
Helpful?
22+
22+
Adv. Anubhav Kathuria
Delhi | 500+ Answers
Chat
You have not mentioned what happened to the section 9 like the restitution of conjugal rights or was that application moved on behalf of your wife and if the said application was moved on behalf of your wife what happened to that application so you can very easily quash the proceedings by filing a compromise deed
Helpful?
25+
25+
Adv. Dev Yati
Delhi | 200+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
