"498A QUASH" - EBOOK - A GUIDE TO 498A QUASH

498A QUASH
498A QUASH

"498A QUASH" - EBOOK - A GUIDE TO 498A QUASH

Section 498A Quash can be done under the provisions of section 482 cr.p.c. 

This e-book is a Guide to 498A Quash with 498A Landmark Judgments and other 498a quash judgments as a result it will help in understanding the opinion of the various quashing 498a in high court and Hon'ble Supreme Court on the grounds for the 498a quash

This E-book will further help the victims of false 498a IPC and quash 498a false allegation to understand the object of Section498-A IPC and Explanation of Part (a) and (b)of the section in terms of Cruelty which help to define the ingredients & applicability of the Section. 

Furthermore, it will open the mind on misuse of the Section and put light on how to quash the 498-A F.I.R, Charge Sheet and Complaint Cases

This e-book gives Landmark Judgments from Supreme Court & Various High Courts which became precedents for the future cases to decide on those bases. 

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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

Firstly it will help to understand the way how we can use those grounds to Quash 498a Case or 498a quash after chargesheet.

Secondly, it contains The Landmark Judgments & Recent Judgments will help to understand the grounds of quashing fir in 498a in various scenarios and can be co-relate with own Case Facts. 

Thirdly it will clear under what Grounds the quash petition for 498a can be filed using section 482 Crpc and 498a quash procedure. 

Fourthly you will be able to understand the court's opinions on the misuse of the section and quashing 498a chargesheet. 

Lastly, you will be able to understand the definition & Application of Section 498A IPC as per part (a) & (b), 498a fir quash procedure and quashing of fir 498a.


Benefits of applying for Quash after Reading E-Book & Checking the grounds for quashing of fir under section 498a& then Applying for Quash:

Firstly the Husband & Family members can be saved from a long battle in the court when there are no grounds to convict the accused.

Secondly, the Saving of mental harassment by attending mandatory court dates.

Thirdly it will bring the morale of the other party down and they might move for mutual settlement well within your terms & Conditions.

Fourthly it will help in saving money & time from applying the quash in the high court without any relevant 498a quash grounds.

Fifth the 498A quash decision can be useful in other cases like 125 crpc & DV.

The sixth it will help in providing a boost to other victims of false cases.

The seventh you can go for defamation and compensation cases for implicating you and your family members in false cases.

And More Importantly, you will indirectly help the society to acknowledge the misuse of the provisions of law and in turn, it will compel the courts & legislation to bring changes in the law.

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 

1- INTRODUCTION & Statement of Objects and Reasons 

 2- 498A Explained 

 3
  • Meaning of Cruelty
  • The elements for Section 498a clause (a)
  • The elements for Section 498a clause (b)
4 - Misuse of Section 498A Indian Penal Code 1860 

5 - Inherit Powers of High Courts on Quashing 498A Proceedings 

6 - 498a quash judgements by supreme court LANDMARK JUDGMENTS - “PRECEDENTS” 

7- Recent Quash Judgments – Based on Landmark Quash Judgments

8 - USING GROUNDS & JUDGMENTS TO FIGHT & QUASH 498A.


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-Book

STRIDHAN- 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. 


Note: This E-book is accessible only on Google Drive.
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