Legal Question in Family Law in India

Quashing of FIR & Challan

Wife filed complaint under sections 498-A , section 4 of dowry prohibition act against me & my family members. We all are on anticipatiry bail. Police had filed chargesheet in court under same sections. So far I have not received summons issued by this court.

Meanwhile she also filed petition for divorce under section 13(1) on ground of cruelty. I am ready for mutual consent divorce if she cooperates in quashing of 498-A.

I want to know from learned lawyers that

(1) How to quash FIR and challan ? It is possible in high court only under section 482 or can also be done in lower court in which challan was submiited by police!

(2) What is procedure of quashing of FIR & Challan? I have to file seprate joint petition along with my wife or ''withdrawn statement by wife'' included in mutual consent divorce petition would be sufficient in quashing of FIR & Challan.


Asked on 1/13/09, 3:21 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Quashing of FIR & Challan

for quashing an f.i.r, u need to first seek divorce form the civil court and then apply for quashing and annexe the decree of divorce along with the petition. this is the universal process but quashing without following this process may be made in exceptional circumstances.

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Answered on 1/13/09, 5:24 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Quashing of FIR & Challan

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Answered on 1/13/09, 6:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Quashing of FIR & Challan

The trial court may also consider discharging the accused at the time of framing of charges.

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Answered on 1/13/09, 8:37 am


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