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?
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.