498A QUASH |
498A QUASH-EBOOK-A GUIDE TO 498A QUASH-WITH LATEST SUPREME COURT JUDGEMENT ON 498A
This e-book is a Guide to 498A Quash with latest Supreme Court Judgement on 498A and other 498a quash judgments
This e-book have latest Supreme Court Judgement on 498A & Various High Courts which became precedents for the future cases to decide on those bases.
The opinion of the Supreme Court on 498A Quash
Section 498A IPC is the most misused section in the provisions of law. Even Supreme court in their judgment of Arnesh Kr v/s State of Bihar had mentioned the misuse the provisions of dowry laws by disgruntled wife:-
“The fact that Section 498-A is a cognizable and non-bailable offense has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives.
The simplest way to harass is to get the husband and his relatives arrested under this provision.
In a quite number of cases, bed-ridden grand-parents of the husbands, their sisters living abroad for decades are arrested”.
Outcome after Reading this "498a Quash" - EBook
Benefits of applying for Quash after Reading E-Book & Checking the grounds for quashing of fir under section 498a& then Applying for Quash:
498A Quash Frequently Ask Questions
Q: How long does it take to quash 498a?
Ans: Once the petition is filed in the high court, on the first hearing court summon the records and the other party. On the second hearing mostly courts refer the case to mediation. Mediation takes place within 1-2 dates taking 1-2 months. After mediation high court takes 2-3 hearings. The total time approximate time taken should be 5-6 months.
Q: Can we quash 498a?
Ans: Yes, we can quash 498a provided there are grounds of quashing in the complaint, FIR and charge sheet. Grounds can be identified by analyzing the allegations attracting 498A definition. If the allegations do not prima facie attracts the ingredients of Section 498A IPC than FIR can be quashed under Section 482 Cr.P.C.
Q: How do I dismiss 498a?
Ans: 498a can be dismissed by filing discharge application u/s 227 Cr.P.C in case of complaint case directly in the court and u/s 239 Cr.P.C in case of Police FIR. In both the cases the court discharge the accused and dismiss the charges against him if the allegations in the FIR, complaint and charge sheet do not attract prima faciely ingredients of 498a IPC.
Q: Can 498a be filed after divorce decree?
Ans: Not exactly. 498a Case can be filed within 3 years of the cruelty alleged. Otherwise, the case will be dismissed.
Q:What happens after chargesheet is filed in 498a?
Ans: After submission of chargesheet court summon the accused for the hearing and frame the charges against the accused. Then the case moves towards the trial.
Below are the Contents of E-BOOK
- Meaning of Cruelty
- The elements for Section 498a clause (a)
- The elements for Section 498a clause (b)
Conclusion:
This article explains the importance of EBOOK on 498A QUASH and further help in understanding the 498A Law and opinion of High Courts & Supreme Court on the misuse of 498A IPC Section.
Further, this helps you to correlate your case facts with the landmark 498A Quash Judgments & other quash Judgments and put reliance on those 498a quash judgements to get the success in your 498a Quash.
Check Related EBooks
Fighting 498a- The Right Approach E-BookSTRIDHAN- FIGHTING 406 IPC E-BOOK
DO I NEED TO FILE FOR ANTICIPATORY BAIL, IF A FIR U/S 498A/406 IPC IS REGISTERED AGAINST ME.
Guide to Fight Maintenance Under Section 125 Cr.P.C.
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