My wife filled 498a FIR on 25 oct 2010. In that she told that we left her at her home on 16 sept 2010. and after that 16 sept 2010 there is no communication between us. Her chief and cross examination is also over in 498a trial. In FIR she did not mention the reason in delay from 16 sept 2010 to 25 oct 2010. But in her cross also she told that after 16 sept 2010 they did not come to settle the matter.
I want to know can we go to high court to quash the FIR on delay basis. Will high court consider delay from 16 sept 2010 to 25 oct 2010 as delay and quash the FIR.
I read in some post that if proper reason is given in FIR for delay the high court does not quash the FIR. In this case there is no reason mention in FIR for delay.
Or we should continue the trial in lower court and during argument we put in lower court itself the delay thing. But this may take time as trial is still going on.
How much is success rate for quashing the FIR on delay basis (for 1 month and 10 days delay).