For QUASHING of 498A + 420 case completely
2 years ago
This case is totally false and baseless one. The issue is briefly described below:
Marriage performed in Hyderabad, on marriage in March 2020. At the wedding function their relatives quarreled with us and created a nuisance for small and silly reasons. However, the marriage was at last performed. Bride did not come to in-laws house. But, she complained against the groom and kin (total 4 persons) a false case of 498A. The case was filed and registered at a Junior Civil Court in Dec. 2020. It has been at the summons stage. We did not attend the court as summons were not served. Two persons' names (3&4) were quashed at the A P High Court. Our lawyer says it is a completely false and baseless case, but it takes time to resolve this case at trial court.
Now we would like to get the case quashed totally. Please provide us suggestions in this regard.
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
According to the facts narrated by you, since proceedings against 3&4 stands quashed then there is a fair chance that you might get proceedings to be quashed against 1&2 as well. Since, only the high court has the competence to quash criminal proceedings you may file a suit u/S 482 of CrPC to quash the same.
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Since proceedings against 3&4 already stands quashed, there is fair chance that further proceedings may also be quashed depending upon the facts. You may file a suit for quashing criminal proceedings u/S 482 of the IPC before the high court as only they have the power to quash proceedings.
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You can immediately file quashing petition.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
only 3&4 quashing was asked in HC then you can ask for quashing for 1&2 also.
If HC already rejected to quash for 1&2 then she have to prove allegations.
If Bride not came to in-laws house then marriage was consummated ?
need timelines and HC order and FIR to understand if there is ground for quashing for 1&2.
BANDARU RAJYA LAKSHMI
Responded 2 years ago
By refering your case facts charges against 3and 4 was quashed. Here 1 and 2 also can file petition to squash the proceedings under section 482 of crpc before the honourable High Court. Only High court have a right to quash the proceedings. If the case is baseless surely honourable Highcourt will squash the proceedings in lower court.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Power to quash criminal complaints rests with the HC under Sec. 482 CrPC. If there is no prima facie case against you and your family, you can approach the HC to quash the complaint.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Power to quash a criminal proceedings reside with the HC under Sec. 482 Cr.P.C. You will have to file a petition before the respective HC to get the criminal proceedings quashed by establishing your case on the merits. If you feel there is no prima facie case made out against you, you can definitely approach the HC to quash the compliant.
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Suneel Moudgil
Responded 2 years ago
pls rectify me if I am wrong.
if quashing of the FIR against A & B has not been filed, you can file now.
otherwise, you can also opt for discharge in the trial court.
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