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Legal procedure to quash 498 A order in high court


25-Mar-2023 (In Family Law)
Hi, One advise needed, My quash date for 498a FIR is on 2nd April, but police submitted chargesheet in lower court on 23rd march 2018 after 1.5 years of FIR. We have very good grounds for quashing. Does that chargesheet submission impact quashing in High Court
Answers (3)

Answer #1
703 votes
Respected Sir,
Yes it can effect quashing to a certain extent we delay in investigation is a good ground post which they filed chargesheet. If you prove your case that there is no case made out of it and this proceeding is just held by your wife to give mental harrassment they you may succeed.
Answer #2
908 votes
Dear Client,
Your advocate needs to inform court that chargesheet is filed and accordingly pray for amendment of writ petition.
Further If the fir 498a is based upon law points, you advocate can pray for stay on the trail proceedings.

Expert Jurist LLP
Answer #3
936 votes
Hello, firstly it is necessary to present before hon'ble high court with clean hand. If you have Law point for quashing then try to chargesheet quash. Don't try to keep dark side to the court. Then there is merit definitely you will get justice.

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