Legal Question in Family Law in India
498a Quash
Sir My wife filed a 498a case against me in Delhi, closed the same as she could not provide any evidence to her complaint. She then filed the same in Gurgaon where she got the complaint converted into a FIR. Gurgaon cops have also found no merits to her complaint. Can I go in for a Quash in HC, what is the procedure for Quashing of a FIR. Does multiple complaints of the same nature not arise to misuse of the powers of law.
Appreciate all your help
4 Answers from Attorneys
Re: 498a Quash
Multiple complaints are maintainable. If allegations meet the ingredients of offence involved, the FIR may not be quashed despite police report from Delhi and Gurgon in your favour.
she may instead go the court challenging the police report as a result of 'bad investigation'.
You may consider an amicable out of court settlement to avoid further complications.
Re: 498a Quash
multiple complaints can be filed on the same facts. however, FIR on the same allegations could be registered only once.
if the police has not filed any merit in the complaint, then they shuold request for cancellation, hoever the magistrate is not bound to accept it.
even then your wife can file a private complaint.
your facts are not full and proper for me to advise you to move to High Court for quashing
so for further advice, feel free to contact me at my PH. 9888067997
Re: 498a Quash
plz send the copy of your present FIR and also your earlier compliant dismissal order on the adress below. We will bring justice to you and FIR will be quashed within few months.
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Re: 498a Quash
contact a local Sr lawyer