MyNation Foundation Forum » Advice » 498A

quash 498a

(6 posts)
  • Started 5 years ago by ravikant
  • Latest reply from amar_arora
  1. ravikant
    Member

    Hi,

    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).

    Thanks,
    Ravikant

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    I dont think HC will quash your FIR.
    it is better find other valid points.
    read some of our FIR quash judgments here http://mynation.net/docs/sitemap/

    Posted 5 years ago #
  3. ravikant
    Member

    Will delay be not sufficient reason to quash the FIR.

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    She will give some sob story/ reason for delay. They have ample opertunities; so before filling think from all sides and be ready if she counter then only your petition will be successful, otherwise you are wasting time and money.

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    She will give some sob story/ reason for delay. They have ample opertunities; so before filling think from all sides and be ready if she counter then only your petition will be successful, otherwise you are wasting time and money.

    Posted 5 years ago #
  6. amar_arora
    Member

    Dr.Dsouza is right she might cookup story for the delay and also the delay is not much...she can say the delay is because i have to understand the whole judicial process.

    The success rate is not much as HC will not consider quashing of an FIR only on this ground. HC only quashes FIR u/sec 482 c.r.p.c if you prove that the FIR is false and have no relavance to the incident which is being narrated by your wife in the FIR.

    Ravikant - Could you pls advise which part of India you stay and where the FIR has been lodged ? Also I would suggest you start collect proofs, bills, photos, mobile records, etc as these will be very handy for you.

    One thing you must understand that at no given point of time whatever the situation would be you should not give up and have faith in almighty.

    I too have approached HC for quashing and have got satisfactory response. If you wish you can send me a detailed email on my email id a_arora_in_2000@yahoo.com

    Regards, Amar

    Posted 5 years ago #

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