Legal Question in Family Law in India
Victim of 498A
How and where to apply Quesh for 498a?
4 Answers from Attorneys
Re: Victim of 498A
In the same court where 498A proceedings have been filed against you.
Re: Victim of 498A
An accused may approach the High Court for quashing of FIR if it can be established that :
(a) after all the allegations in the FIR to be true on the face of it, no offence is made or that the ingredients of the offences alleged are not establihsed:
OR
(b) the FIR is an abuse of the process of law and has been registered ONLY to wreek vengeance;
OR
(c) the registeration of FIR was barred in law on account of reasons to be disclosed by the parties.
If the parties arrive at a compromise, that can also be a good ground to seek quashing of FIR though the offences are not compoundable.
Re: Victim of 498A
You may file it in the same court where the proceeding were held.
Re: Victim of 498A
high court