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| How to Quash 498a, Quashing 498a |
This Lockdown When You are staying at Home protecting yourselves and your families from Novel Corona Virus, Let’s take this opportunity to Protect yourselves and your family members from the False 498A case in which you are implicated Falsely.
Do you know that there are grounds under section 482 C.R.P.C in which the 498A FIR and DV Case can be quashed?
Yes, this is True; High Courts have
the power and Jurisdiction to quash the FIR under section 498A/406 IPC and Domestic
Violence Act.
· Where the allegations made in the first
information report or the complaint, even if they are taken at their face value
and accepted in their entirety do not prima facie constitute any offence or
make out a case against the accused.
· Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in support of the same do not
disclose the commission of any offence and make out a case against the accused.
· Where the allegations made in the FIR or
complaint are so absurd and inherently improbable on the basis of which no
prudent person can ever reach a just conclusion that there is sufficient ground
for proceeding against the accused and where a criminal proceeding is manifestly
attended with mala fide.
· Where the proceeding is maliciously instituted
with an ulterior motive for wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge than the criminal proceedings
can be quashed by the High Court’s exercising its inherit powers under section
482 Cr. P. C.
So while defeating
this Global Pandemic, let’s defeat the wrong intentions of the disgruntled persons
and understand the grounds to Quash the 498A FIR/ DV Case against you.
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