Can 498A/498 quashed from high court? Know More!

Can 498/498A be quashed from the high court? Know More!

What is 498a quash?

Section 498A of the Indian penal code was added by the criminal law (second amendment) act 1983 to protect women from brutality. Unfortunately, disgruntled wives often use it as a weapon rather than a shield. An appeal can file in section 482 of CrPC to suppress and put aside FIR registration within section 498A of IPC. One can be successful for the process of 498 quashed from the high court if the High court prevents the FIR and the court is persuaded that the individual is blameless and falsely involved. If you are looking for a divorce lawyer near me, a good divorce lawyer in Kolkata can help you with such matters.

Procedure to quash 498a in High Court?

The Procedure to quash 498a in High Court indicates that nothing within this code shall be considered to determine or influence the intrinsic capabilities of the High court to create such charges as may be required to give impact to any charge under this regulation or to control misusage of the function of any court or otherwise to ensure the limitations of justice. While exerting jurisdiction in section 482 of this code, the High court would not examine whether the proof in query is trustworthy or a proper anticipation of the accusation would not be sustained. If you face a problem regarding whether 498 quashed from the high court or not, feel free to look for a divorce lawyer in Kolkata near me and the professional can help you.

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Can 498a be quashed after the charge sheet?

Yes, it can even be done after the filing of the Charge Sheet. Moreover, it can also be done after framing the charges in the trial court. Therefore, the person looking for quashing has to choose the right time for filing of quashing petition in the High Court. They can quash the FIR before the high court as challenged, and if there is any compensation within the parties, then both partakers can also point to the quashing to prevent the FIR. According to the procedure to quash 498a in High Court, you can search for lady divorce lawyers near me and solve the matter with ease.

Grounds for quashing charge sheet?

FIR quashing refers to the requisition pointed before High Court for stopping the FIR and all associated procedures against the charged. The High Court can suppress an FIR when the Court is pleased that the charge is falsely involved and FIR is counterfeit and silly. The Delhi High Court has followed that the FIR and charge sheet can be suppressed if the allegations created in the FIR or objection or the proof collected, though staying uncontroverted, do not reveal the charge of an offense.

On what grounds can be quashed?

The High Court can Quash or suppress the FIR at any stage founded on compromise. The Complainant and the accused can join the settlement. If that is the case, a formal petition within section 482 of CRPC will be pointed out by both groups. Also, there is an exception that an FIR within section 306 of the IPC cannot be quashed founded on any monetary settlement with the surviving spouse, informant, children, parents, guardians, caregivers, or anyone else.


How Should We Help you?

Are you wondering if can 498 quashed from the high court or not? Well, Advocate Shilpi Das & Ak Legal Advisors (9874371127) / RD Lawyers & Associates Advocate  Anulekha Maity (7003746750) / RD Lawyers & Associates Advocate Puja Roy (7595880945)  can help you with that. Look for lady divorce lawyers near me and we will be there to help you with all the matters associated will false charges and quashing of FIR. Contact us for a good divorce lawyer in Kolkata. We have experts that can help you with such a situation and we shall solve your problem at affordable charges.

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