Legal Question in Family Law in India
Quash-498A
What are grounds that we can apply for a quash in high court incase of false 498A
7 Answers from Attorneys
Re: Quash-498A
Blindly we cannot tell you until we see on what grounds they will take and file a case against, it is better if you know the grounds on which she is going to allege you may deny those facts
Balasubramanya.
Advocate.
Re: Quash-498A
Knowing the facts is important prior to formulating any legal opinion. Kindly correspond through email for detailed and professional discussion.
Re: Quash-498A
Without going the facts of your case and without knowing the details of the documents and proofs if any & on what grounds you are saying that the case is false, it is not possible for me to give you proper advice. Hence please consult me or any lawyer of your choice
Re: Quash-498A
grounds depend from case to case and can not be given in air.
proper case study is required and papers are required to be seen.
Re: Quash-498A
Gentleman, one needs to see the FIR to suggest if there is a ground or not - the facts. your question is incomplete
Re: Quash-498A
As such there is no check list or specific grounds for quashing of FIR.grounds are extracted fron all the facts of the case and also law point if any.
Re: Quash-498A
the grounds are :
(a) if the FIR or the complaint does not disclose the ingredients of offence alleged;
(b) you can establish that the complaint is vindictive and misuse or abuse of the process of law;
(c) the complaint is not maintainable in law.
You may read supreme courtt judgements rendered in R. P. Kapur v. State of Punjab; and Bhajan Lal v. State of Haryana
where law has been laid down by the Hon'ble Supreme Court for quashing of FIR/complaint under section 482 of Cr. P. C. by High Courts in India.