Parallel process for Anticipatory-Bail and FIR Quash in 498a
1 month ago
I applied for contested divorce on 15-10-23. My wife got notice on 04-12-23. She lodge false FIR of 498a and dowry on 29-12-23 and involved my parents and sister without any reason.
My parents have applied for anticipatory bail. I will apply for AB after my parents' hearing.
My sister lives in USA. She left India after few days of my marriage and did not return.
Since she is in USA, she cannot come to India for anticipatory-bail. Only option for me is to apply for quashing of FIR in High Court so that her name can be struck out of FIR.
Police is preparing for warrant against her, so we cannot wait for Anticipatory-bail hearing of my parents to complete. In this situation, can I apply for 482 CrPC on behalf of my sister in her absence while my parent's Anticipatory-bail hearing is due date ?
A.Dear Client,
If there is a false complaint filed against you or your sister, and you want to address it legally, you can consider the following legal options:
1. Anticipatory Bail under Section 438 CrPC: Before an arrest is made, you or your sister may seek anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) to prevent arrest in anticipation of false charges.
2. Quashing of Proceedings under Section 482 CrPC: If the case has progressed to the trial court, you can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of proceedings initiated under Section 498A of the Indian Penal Code (IPC). This is based on the inherent power of the High Court to interfere with proceedings of subordinate courts for the purpose of securing justice.
3. Application for Quashing of FIR under Article 226: An application for the quashing of the FIR can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition. This invokes the extraordinary jurisdiction of the court for the purpose of quashing the FIR.
In the landmark judgment in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court addressed concerns about the misuse of Section 498A IPC and emphasized the need for thorough investigations before arrests. The court acknowledged the potential harassment faced by innocent family members and urged caution in invoking Section 498A without concrete evidence.
If there is a false complaint filed against you or your sister, and you want to address it legally, you can consider the following legal options:
1. Anticipatory Bail under Section 438 CrPC: Before an arrest is made, you or your sister may seek anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) to prevent arrest in anticipation of false charges.
2. Quashing of Proceedings under Section 482 CrPC: If the case has progressed to the trial court, you can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of proceedings initiated under Section 498A of the Indian Penal Code (IPC). This is based on the inherent power of the High Court to interfere with proceedings of subordinate courts for the purpose of securing justice.
3. Application for Quashing of FIR under Article 226: An application for the quashing of the FIR can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition. This invokes the extraordinary jurisdiction of the court for the purpose of quashing the FIR.
In the landmark judgment in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court addressed concerns about the misuse of Section 498A IPC and emphasized the need for thorough investigations before arrests. The court acknowledged the potential harassment faced by innocent family members and urged caution in invoking Section 498A without concrete evidence.
Helpful
Helpful
Share
A.Dear Client,
Before an arrest is made, anticipatory bail is granted under Section 438 of the Code of Criminal Procedure. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. So, in the given situation, a petition under Sec.482 of Cr. PC may be filed before the High Court praying for the quashing of proceedings of the trial court initiated under Sec.498a IPC your sister who lives abroad. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court in order to quash an FIR. In the landmark judgment passed in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court of India addressed concerns regarding the misuse of Section 498A IPC. The court acknowledged that innocent family members were often being roped into cases without any concrete evidence. The court emphasized the need for the police to conduct a thorough investigation before making arrests, to avoid unnecessary harassment of the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
Before an arrest is made, anticipatory bail is granted under Section 438 of the Code of Criminal Procedure. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. The relief under this section can be invoked when there exists no other provision of law by which the party aggrieved could have sought relief, or there may be no other provision left for the party to seek relief. So, in the given situation, a petition under Sec.482 of Cr. PC may be filed before the High Court praying for the quashing of proceedings of the trial court initiated under Sec.498a IPC your sister who lives abroad. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court in order to quash an FIR. In the landmark judgment passed in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court of India addressed concerns regarding the misuse of Section 498A IPC. The court acknowledged that innocent family members were often being roped into cases without any concrete evidence. The court emphasized the need for the police to conduct a thorough investigation before making arrests, to avoid unnecessary harassment of the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Divorce
Dear Client,
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who...
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
