Legal Question in Criminal Law in India

Quash of 498A

Myself and my mother were falsely implicated in a dowry harassment case U/s 498A r/w 3 & 4 DP Act. In the complaint there are no allegations against my mother. So, we decided to quash the case only for my mother. I want to go through the trial. My doubt is that if the High court stays the proceedings for my mother, will I have to attend my proceedings in the trial court or that my proceedings will also be stayed. Please clarify.


Asked on 2/23/09, 6:04 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Quash of 498A

That depends on exact wordings of the order. If order is specifically in respect of proceedings against your mother, then it will operate as such.

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Answered on 2/24/09, 2:20 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Quash of 498A

You have to proceed with the trial court proceedings.

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Answered on 2/24/09, 6:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Quash of 498A

Your question is totally irrelevant; if the proceedings are stayed by the High Court in the case filed by your mother, you do not suffer any prejudice.

However, I may caution that the quashing petitions are very rarely entertained by the High Court; you may better consider an amicable out of court settlement of the entire dispute. the litigation will be time consuming and costly; and the consequences still remain uncertain.

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Answered on 2/23/09, 7:06 am
pramod kumarojha advocatepramodkumarojha

Re: Quash of 498A

Actually you have said that you want to file quashing for your mother therefore you have to proceed with the trial court proceedings

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Answered on 2/23/09, 8:48 am
Pranav Desai PD Legal & Associates

Re: Quash of 498A

Ordinarily, the entire matter is stayed. Though, it depends on the facts of your case and the order passed by the High Court.

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Answered on 2/24/09, 1:03 pm


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