Valid Conditions to Quash 498A

498A-These are the main conditions to be met for quashing a criminal case- As Per Hon. Supreme court

Evidences are not taken into consideration while judges view the petition for quashing of Criminal case under Crpc 482. FIR/Chargesheet and all the documents attached with the charge sheet is the only thing which is taken into consideration while deciding on a Quashing petition.

Nothing other than Chargesheet/FIR is considered at the time of Quash Petition to High court.
As per direction given by Hon. Supreme Court…these are the main conditions (any one) to be met for quashing a Case criminal case. court made it clear that it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list to kinds of cases wherein such power should be exercised:

“(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

READ  Guj HC: 498A Quash against family members including uncle & aunt of husband

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

If you feel that your chargesheet/FIR contain any one or more matches from the above list then you can go for Quash at High court. However chances for quashing are very less. High court generally ask the accused to go for trial and prove them innocent.

2 thoughts on “Valid Conditions to Quash 498A

  1. As I have seen 1 in 10 boys are so scared of marriage that they do not want to marry or marry an outsider or have gay relationship, or just have mistresses or girl friends, even till the age of 40 because of this 498a law.
    This law is anti family law which everyone knows but more dangerous than this is anti human , anti society law too. Very soon India will be full of lopsided families, help less, annoyed and harshly struggling to pull on with hatred for each other. More a forced relationship than sincere love. More of deceiving, back biting, hiding facts from each other and finally a serious fight leading to beatings, thrashing and even God forbid killings in every other house, in near future.
    Many many false allegations hurting and burning the hearts so much that the vengeance will be held deep inside for decades.
    People going for quash should be given a chance to reply with good proof evidence and witnesses to nullify all the allegations made. And very soon the quash order should be passed. Even in magistrate’s courts the case should get over in a year or two. Such cases should be closed immediately which have been filed after two years of FIR. This is not being done.

  2. As per Hon’ble Supreme Court, laid down 7 conditions, if the complainant (C) writes in her FIR that she shifted from marriage house (mama’s house) and started her marriage life in a rented house (X) where she was beaten for dowry, but shifting is not proved by any evidence. In police investigation report /Charge Sheet, IO investigates in some other rented house (Y) situated in another place of some other’s house, (after getting statements from her & her relatives for Y).
    As per the 1st condition the complaint if taken to its face value and accepted in its entirety, do not constitute any crime (because, nobody shifted in rented house X as per IO’s charge sheet). Now my questions are:-
    1) In this situation, will this 498A case be quashed by High Court?
    2) Charge has not yet been framed by the Magistrate Court. Is it proper time for my filing an appeal for quashing in HIGH COURT ???
    3) Will High Court accept my petition at this stage??(when case is not started in lower court).

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