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Video Recording Evidence Quash of FIR?? Because i have wife file 498a.


25-Oct-2023 (In Domestic Violence Law)
My wife had filed a 498a and 323 FIR, My wife alleged that my spouse threw kerosene and set her on fire and warmed of my arms and head. Medical report was absolutely normal by the doctor. A video was created by me that my wife is perfectly safe in the video recording. Can I be relieved to cancel the FIR through the video proof 482?
Answers (2)

Answer #1
520 votes
Hi,

Thanks for your query!

Under 482 crpc High Court has the special inherent power to act in any manner in order to make the two ends of justice meet.

High Court can quash an FIR if it thinks that
the FIR which has been lodged is a
spurious one and was done with the sole
intention to defame and trouble the accused.

The burden of proof will be on you to prove that the FIR has been lodged only for malicious reasons and to trouble the you only.

What kind of video recording do you have? At what stage your case is?

Other imperative facts to be known to provide you specific legal advice as per your case. You are requested to elaborate and consult for further legal advice for your issue.

Please feel free to have a word with me.

All the best!
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Answer #2
863 votes
Video is a primary piece of evidence and if followed by the certificate under section 65 B can be admissible before the court. To quash the proceedings of section 498A and 323 only video is not enough proof as 498A clearly mentions cruelty for dowry.. you have to face trial and collect as much evidence as you can which proves you are innocent. According to facts stated the medical report was normal hence police has not registered attempt to murder case against you.
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