498A QUASH HIGH COURT KAISE KARTA HAI AAJ JAANIYE: MERE 7 HIGH COURT KA EXPERIENCE

[@LexspeakLegal]

Whatsapp [phone] legal advice

[@Ask_hridaan]

@lexspeakLegal I m from ghaziabad. Wife, humare bacche ke sath 24july2022 ko apni bua ke yaha gayi thi ,jo ghaziabad me hi hai, waha ja kar woh wahi se apne mayke kanpur chali hai. Humne call par, Milne bhi gaye lekin aane se mana kar diya. Aur bolne lagi ki yaha mere papa ke sath aa kar raho, me ghaziabad nahi aaungi. Kyuki Mera koi sasur ji ka koi beta nahi hai, sirf daughters hai. Jiski call recording mere paas hai . Humne har tareeke se manane aur wapas laane k liye force Kiya but woh nahi maani, fir 2 mahine wait Karne ke baad section 9 September me daal diya, jiska notice wife ko October 15th 2022 me receive hua aur unn logo ne ek jhoothi complaint bana kar 21 oct 2022 ki ghatna dikha kar, 23 oct 2022 ko humare poore family par FIR kar di. Iss FIR ki jaankari hume March 2023 me mili jab me online kuch search kar raha tha, then turant hum high court gaye aaur waha se guidelines issued karwa laaye "for not to take any arrest action and serve the notice for be the part in inquiry". 21 oct 2022 12:30pm ko mujhe mere dono bhaiyo ke sath waha kanpur me hona darshaya gaya hai, ki maine unke Ghar aa kar meri wife se divorce papers par sign karne ko bola aur divorce kanpur court me file karne ko bola. ghatna ke din hume waha kanpur me hona bataya gaya hai jabki hum yahi apne ghaziabad me thy, we were doing shopping in ghaziabad for diwali. 21oct2022 Shopping ke baad maine kareeb 1:30pm apne bete aur wife ke liye speed post se parcel bhi bheja. Jo sab record me hai. Maine RTI se video footage bhi Leni chahi lekin post office ne Dene se mana kar diya. SBI ATM me paise bhi deposit kiye the , I have receipt but footage Dene se unhone bhi mana kar diya in RTI. Saare allegations false hai. Poora shaadi ka kharcha mere papa ne Kiya tha. Na kabhi koi demand ki na kuch liya waha se. Almost 2 saal se na bacche se contact hai na hi madam se. 2 baar IO change ho chuke hai. Abhi Tak matter inquiry stage me hai. Kya mere liye quashing me Jana sahi rahega ? Family quashing? Then my (husband) quashing? Please guide

[@mrabhasjha]

Dear Nitish , You must read Supreme court Judgement Achin Gupta Vs state of Haryana . The Supreme court has passed a scathing remark on the high court when the husband has applied for quashing and the opposite party lawyer gave the same arguments that high court can not embarking upon an enquiry as regards the truthfulness or reliability of the allegations in exercise of its inherent power under Section 482 of the Cr.P.C. Supreme court said - citing bhajanlal judgment - 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.” The supreme court added " We are of the view that the category 7 referred to above should be taken into consideration and applied in a case like the one on hand a bit liberally. If the Court is convinced by the fact that the involvement by the complainant of her husband and his close relatives is with an oblique motive then even if the FIR and the chargesheet disclose the commission of a cognizable offence the Court with a view to doing substantial justice should read in between the lines the oblique motive of the complainant and take a pragmatic view of the matter. If the submission canvassed by the counsel appearing for the Respondent No. 2 and the State is to be accepted mechanically then in our opinion the very conferment of the inherent power by the Cr.P.C. upon the High Court would be rendered otiose. We are saying so for the simple reason that if the wife on account of matrimonial disputes decides to harass her husband and his family members then the first thing, she would ensure is to see that proper allegations are levelled in the First Information Report. Many times the services of professionals are availed for the same and once the complaint is drafted by a legal mind, it would be very difficult thereafter to weed out any loopholes or other deficiencies in the same. However, that does not mean that the Court should shut its eyes and raise its hands in helplessness, saying that whether true or false, there are allegations in the First Information Report and the chargesheet papers disclose the commission of a cognizable offence. Further In the same judgement supreme court says " In one of the recent pronouncements of this Court in Mahmood Ali & Ors. v. State of U.P & Ors., 2023 SCC OnLine SC 950, authored by one of us (J.B. Pardiwala, J.), the legal principle applicable apropos Section 482 of the CrPC was examined. Therein, it was observed that when an accused comes before the High Court, invoking either the inherent power under Section 482 CrPC or the extraordinary jurisdiction under Article 226 of the Constitution, to get the FIR or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wreaking vengeance, then in such circumstances, the High Court owes a duty to look into the FIR with care and a little more closely. It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines- SO HIGH COURT MUST EXAMINE IN DETAILS AT THE TIME OF QUASHING -

[@ShriKishan-jk1xe]

Sir HC se 498 A ki FIR ki quesing hone k bad kiya vapash cash widrol k liye lower court Jana padta hai ya nahi

[@indrajeetsharma3800]

Gajab sir 👍👍👍

[@Amansinha-c5g]

Sir 104 labour matter 240 days service matter me video bana dejea just like uma devi judgment

[@gumpusuryanarayana7119]

Unless simple language is used in judiciary system comman man will not get justice . If the word like may be considered or may be given like state is given in the judgement things will not get set right. System should consider this seriously.

[@saritagangwani6849]

Mutual Divorce case mein girl 498a withdraw nahi kar rahi hai kya advice hai

[@SalimShaikh-v6s]

koi advocate client ko assist kr rhe he FIR ke liye to o etna dhyan me rakhega ki ingredients mention ko FIR me taki aage jake FIR quash na ho, es bat koi matlab nhi banata ki bina ingredients ke koi FIR q register karege.

[@DharmendraSingh-zv6sm]

498a,377 between husband and wife quash ho jaega?

[@sandeshsingh7260]

Meri shadi may 2019 me hui aur after 4 moneths oct 2019 me wife chali gai ... Par wife ne false case 2022 me lagaya aur date dali 2021 march . Hughcourt me sab quash ke liye laga diya par highcourt ne 30k fees ke sath mediation ka order de diya ye quash ho gaya nahi

[@user-el2ur1db6s]

Adv ji aap ye advice kariye husband ki quashing nhin hogi to uska kya hoga.

[@krishanlal2708]

Hello sir,I want to know that we need quashing of FIR after acquitted from session court.Pls tell me

[@nif578]

Sir 498a case 2020mein hua tha. Lower court se 2022 mein comprmise hua hum 8 lack pay kiye. Ex-wife hai lower court mein present nai Hoti hai. Kya 498a high court se quashing hu jaaye ga

[@nasreenmurtuza4382]

hello sir mujhe ek query puchni hai aap se 498 ke quashing case me highcourt ne parents aur sister ko stay diya isaka meaning kya hai ? kya isaka fayda mujhe bail cancel karneki case dali hai opposite party ne us par hoga kya?pl bataiye

[@Rana_oyl]

M sasural me rhna chahti hun but mujhe sasural wale or husband rhne nhi dete. Mere ko physical or mentally torture krte h. Court protection order dekr bhej skta h kya mujhe.

[@RecordsRana]

Me and my father in 498 false case hamare 5 relatives ke naam nikal diye police ne abhi mere father ka name nahi nikal rahi court victom avidence ke liye order kiya hai kya krna chaiye hc me quashing krna sahi hai ja nahi case 150 km door jana pad raha hai 😢

[@jasimkhan6775]

Thanks wakil sahab

[@shoriya1208]

Sir aap allahabad high cort me be 482 only relytive

[@prathmeshdesai574]

Sir in my case police has files chargesheet and removed names of all the relatives... In next week there is charge framing on me, there are no evidence against me and all the allegations are vague... Except one thing police has manipulated my uncle's statement against me which is totally false and my uncle can clear that in front of court.. What is the best option for me either discharge in trial court or chargesheet quashing in high court? Plz sir advice as considering your expertise your comment will help me and many others. Thanks

[@krishnadeo....]

498A की Quashing u/s 482 CrPC कई वर्षों तक pending रहती है, न्याय प्रणाली ध्वस्त है

[@vipinsagar3910]

Sahi kaha

[@sagark5474]

To dikkat kya hai? Lower court me pending rahega case

[@sb-wx5kw]

Sahi baat. Sab chor he

[@mithleshbhardwaj8569]

Sir mene mutual divorce wapas liya phir meri patni ne 498a ka case kar diya

[@mithleshbhardwaj8569]

Please Sar bataye

[@DheerajKumar-121]

125 crpc maintenance sa kasa bacha government job agar husband hu tu

[@mumbairayding6025]

Lut ha bhai ya vikal

[@aayushmmishra1328]

Promotion krne ka accha trika h

[@shahran7780]

Sir namaskar Pl share contact number