Legal Question in Criminal Law in India

498A quashing

Hello..I had a 12-day unconsummated marriage out of which last 10 days we were on the honeymoon outside India and she returned to her place soon after reaching India...My wife has filed a completely false 498A and 406 against me and my whole family including my 2 younger sisters..she has already filed for heavy maintenance too in the family court..Charge sheet prepared by police has been received from the trial court..I have 2 questions: Is there a possibility of quashing at this stage in my case??...Secondly, I am confused as to why the chargesheet should be common for all 5 of us?..(There has been no issue of dowry at all ever, but the gal seems to have some fear of a physical relationship). She has ruined my whole family, pls help!


Asked on 7/04/08, 10:29 am

6 Answers from Attorneys
Pravin Vaidya Independent

Re: 498A quashing

Please provide full details of the case

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Answered on 7/05/08, 9:54 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A quashing

Yes it can be quashed.

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Answered on 7/16/08, 11:26 am
shoban Babu

Re: 498A quashing

yes the case can be quashed under various grounds. if u opt for a divorce it will take one year of judicial separation from now for the grant of divorce. you can take the defence that she is not mentally fit. secondly there shall be common charge sheet for all the offender as it relates to an single cause of action.

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Answered on 7/07/08, 7:42 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 498A quashing

1) A case can be quashed on several grounds. You need to consult your lawyer with charge sheet papers.

2) Charge Sheet is of an offence and there can be several accused charged together in single charge sheet.

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Answered on 7/05/08, 12:33 am

Re: 498A quashing

details are required to be examined.You may go for quashing if no grounds exist in your favour.Problem is to be tackled properly.Contacts with details,professional charges are applicable.

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Answered on 7/08/08, 1:51 pm
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: 498A quashing

You have not given complete details about case, without going into the details about your case it is diffcult to answer your query. Yes it can be quash but there should be good grounds.

If you send me withful details about your case with allegations she has made against you and your family.

M.P. SANJAY

Ph 9392465234

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Answered on 7/05/08, 10:19 am


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