How to quash 498a in high court. N. and a divorce petition before the Family Court and during the pendency of the said The Bombay High Court has recently quashed an FIR filed by a woman judge against her husband and in-laws in a Section 498A (cruelty against the wife) case. 05. In a landmark judgment dated 03. Supreme Court on Cruelty The Supreme Court has emphasised that cruelty in 498A must be proven — mere discord or personal conflict doesn’t suffice. State of Bihar and others [ (2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash an FIR registered for various offences, including Section 498A IPC. In Jan 2019, me and my wife filed a mutual consent divorce petition with zero terms and conditions (no maintenance / alimony / settlement), except one condition that both of us will withdraw cases • Delhi High Court in Rajinder Kumar Sharma and Another vs. When What is Meant by Quash Petition? || Fake 498a Case in Telugu || Benefits of Quash Petition SocialPost Legal 3. Even the Hon’ble court accept the entire case put up by the first informant, in court’s view the same would not constitute cruelty within the meaning of section 498a of IPC. M. 2. , which provides three strong legal grounds that can be used to challenge and quash a Order for Quashing: If the High Court concludes that the complaint under Section 498A is frivolous, malicious, or does not disclose a prima facie case, it will pass an order to quash the FIR. DV case was disposed (June 2018) due to compromise. A High Court can overturn the FIR because it is a false case and order the police to release the aggrieved person if he has been arrested. Legal provisions to quash 498a in high court Section 482 of the Criminal Procedure Code, 1973: Saving of inherent power of High Court – Nothing in this code shall be construed to limit or affect the High Court’s inherent powers to make such orders as may be required to carry out any order under this code, to prevent abuse of any court’s process, or to secure the ends of justice. Anticipatory Bail in Dowry Cases u/s 498a Ipc,Warrant of Arrest of Dowry Case FIR,LOC,Look Out Circular meaning Quashing of 498A FIR in High court after charge sheet has been filed, answered by expert criminal lawyer. The High Court can quash a FIR if it believes the person is innocent and has been falsely implicated. Get free answers to all your legal queries from experienced lawyers & expert advocates on criminal & other legal issues at LawRato. Karnataka high court refuses to quash FIR in fake SBI loan scam case 2026-02-20, 21:31, The Times of India Headlines WN. 📌 Case Name: Gaurav Kumar & Ors. धारा 498A के साथ 406 लगी हो तो केस कैसे रद्द होगा? | High Court में FIR Quash । 482 CrPC / 528 BNSS Can you close a criminal case if parties settle? Understanding Quashing of FIR by High Court under Section 482 on the basis of compromise. 2024 passed by the Hon’ble Supreme Court in the case of Achin Gupta Vs. Recently, in Kahkashan Kausar alias Sonam and others vs. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested. Courts Condemn Abuse of Legal Process Karnataka high court refuses to quash case against exec accused of rape after Instagram friendship The Times of India 2025-12-01, 19:56 The Orissa High Court quashed a dowry harassment case against in-laws, emphasizing the need for specific allegations rather than sweeping accusations. Police may file a closure report, but until accepted by court, the case is technically alive. Justice Manoj Jain 🧾 Brief Facts: Marriage between Quashing an FIR is a discretionary power of the High Court, and it is generally considered a challenging process. Get expert legal advice from top lawyers at LawRato. 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. Understanding Section 482: The High Court Quash Petitions For most victims of 498A, a quash petition sounds like the perfect solution to solve their problem. vs State (Govt. 10000/- to Rs. 96K subscribers Subscribed “Supreme Court: We are not a matrimonial & bail court 498A & dowry disputes should be handled by High Courts & lower courts. Avinash Deshpande vs Madhuri Satish Deshpande 10. Without an MOU — Is It Possible? Yes. The case of 498a can be quashed when there are vague the allegations in the FIR. 🏛 Court: Delhi High Court 👨‍⚖️ Judge: Hon’ble Mr. Jan 22, 2024 · An appeal can file in section 482 of CrPC to suppress and put aside FIR registration within section 498A of IPC. Quashing of 498A at HC what is the procedure, answered by expert criminal lawyer. You need to file a petition for withdrawal under Article 226 of the Constitution of India, mentioning that the parties have reached an agreement to divorce mutually and the issues in the case have been resolved Anticipatory bail application 498a can be filed in Sessions Court and if it is rejected by session court, then can be filed in High Court. The parties being falsely implicated in a case can move to the High Court for quashing of the FIR under Section 482 of CrPC. Power to quash to be exercised with great caution and sparingly. 1216-17 of 2006, held that the Courts have been allowing quashing of proceedings under Section 498A /406 Indian Penal Code, 1860 because in such cases the FIRs are result of matrimonial discord and more Discover how to deal with false Section 498A IPC cases in India, including legal remedies like approaching the High Court under Section 482 of CrPC Find the list of latest Supreme Court judgment on 498-A in 2022 revolving around specificity in allegations, evidentiary value of dying declaration, etc. State of U. Bombay, Ipc, On Court And More 📌 Case Name: Gaurav Kumar & Ors. Nikhil Kumar Advocate, Allahabad High Court: In a case the husband and wife from district of Uttar Pradesh got married but soon after they left parental house and settled in Bombay wherefrom , the husband was a offered a job in Dubai. Hi My sister in law had filled a 498a case against my brother my parent myself and my husband and we have appealed to high court for quashing On 15th Nov 2011 we had The purpose is to seek the court's intervention to terminate the criminal proceedings if it is deemed necessary and justified. Important Legal Provisions Section 498A of the IPC: Deals with cruelty against a married woman by her husband or his relatives. 🏛️ Court: Delhi High Court 👨‍⚖️ Judge: Hon’ble Justice Manoj Jain 🧾 Brief Facts: The petitioners When settlement takes place, then both the parties can file a petition under Section 482 CrPC and the High Court, considering the bonafide of the petition, may quash the same. Justice Manoj Jain 🧾 Brief Facts: Marriage between 📌 Case Name: Rohit Dhingra & Ors. The High Courts have the extra ordinary jurisdiction under Section 482 of Criminal Procedure Code of 1973 to allow quashing of FIR and proceedings in lower court. 10 Factors That Decide How Long a 498A Case Will Run The speed of a 498A trial is rarely about the law alone; it is a combination of procedural hurdles, party behavior, and court capacity. 2018 by Bombay High Court Consideration and time taken to quash 498a in high court: My wife filed 498a case on me and my mother in Dec 2016 and DV case on me Dec 2017. Visit Now! In 2025, the Supreme Court of India delivered a landmark judgment in the case of Suman Mishra vs. com - Related Articles Comments +Text SizeSmallMediumLarge read full story The solution is to move the high court for quashing of the FIR if the charge sheet is not filed in the court or of it is filed then to quash the proceedings in the lower court. By insisting on specific evidence, the ruling strengthens judicial integrity and prevents abuse of process. 2007 Husband gets divorce on grounds of cruelty and what can be cruelty in marriage Quash of 498a citing abuse of court process (NRI) Quash of 498a & 406 commenting 498a should not be used as a device to achieve oblique motives 2005 Supreme Court Dowry related judgements upto to November. Quashing an FIR filed under Section 498A of the Indian Penal Code (IPC) is possible under Section 482 of the Code of Criminal Procedure (CrPC), which gives the High Court the power to quash any criminal proceedings that are deemed to be frivolous, vexatious or oppressive. P. The State of Haryana & Anr (Crl. High Court has inherent power under Section 482 of CrPC to quash the criminal proceedings even after filing of the chargesheet. 2379 of 2024) while quashing an FIR registered under section 498A IPC and further proceedings emanating therefrom, held Quashing of FIR, Quashing under 498a IPC,Charge sheet quashing at High Court,quashed u/s 498A/406 IPC,Law of FIR Quashing,quashing Petition,criminal writ Petition for FIR quashing,section 482 of Crpc,quashing laws in India for FIR. Held, inherent power with High Court to quash criminal proceedings and FIR – Quashing allowed even in cases which are not compoundable. Bengaluru: The Karnataka high court refused to quash a cheating and cybercrime FIR and related proceedings against four persons accused of duping a bu. While the case is being instituted the High Court has powers to Quash the FIR registered against the one or all the accused, if the court believes they are innocent and falsely implicated. Representation in High Court: In the case of seeking quashing of the FIR in the High Court, generally, all parties named in the FIR are required to be represented and appear before the court. Even if your wife gives a written statement at the police station, the FIR remains on record unless quashed by the High Court. Certain Examples where 498A FIR/ Complaints were quashed by Allahabad High Court and were handled by Mr. C. Appeal No. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report. The Hon'ble Apex Court in Ruchi Agarwal case (1 supra), wherein on similar facts, the wife filed a criminal complaint against the husband for dowry harassment and under Sections 3 and 4 of the D. Wondering how to quash an FIR in High Court? Learn about the quash petition process, key documents required for quashing of FIR, and grounds for quashing of charge sheet. To quash a false 498A FIR, it typically involves filing a petition under Section 482 of the Code of Criminal Procedure, 1973 in the appropriate High Court seeking the quashing of the FIR. 📌 Case Name: Rohit Dhingra & Ors. DHINGRA DHC - 26/02/2007 CASE NO: Crl. 50,000/- depending upon circumstances. , which provides three strong legal grounds that can be used to challenge and quash a We may now take note of some decisions of particular relevance. Vague complaints = Quash!” ⸻ Impactful / Public Awareness “Supreme While 498A is technically non-compoundable, the Supreme Court has allowed quashing in matrimonial disputes to encourage social harmony. The best way to withdraw a 498A case is by applying for quashing of FIR in the High Court under Section 482 of the Criminal Procedure Code. The High court can quash the fir if the court is convinced that the person is innocent and falsely implicated. Apr 8, 2024 · False implication in 498A cases The false implication in 498A of IPC cases is on the high rise, the wives implicate their husbands and families to disturb their peaceful life by filing a false FIR. . Apr 10, 2025 · In 2025, the Supreme Court of India delivered a landmark judgment in the case of Suman Mishra vs. and 2 Others (2019): In this case, the Allahabad High Court quashed an FIR under Section 498A of the IPC on the ground that the allegations against the petitioners were false and frivolous. The average lifespan of a 498a case is not less than 5 – 7 years, and the dates between two hearings is usually 2 – 3 months. Misuse of 498a is Legal Terrorism 2003 Only the High Court has the power to quash an FIR under Section 482 CrPC. Watch short videos about bombay high court ruling on ipc from people around the world. 🏛️ Court: Delhi High Court 👨‍⚖️ Judge: Hon’ble Justice Manoj Jain 🧾 Brief Facts: The petitioners The Calcutta High Court quashed a 22-year-old conviction, observing that the allegations against family members were not provable and legally unsound. of NCT of Delhi) & Anr. A division bench of Justice AS Chandurkar and Justice Jitendra Jain heard a petition filed by the husband and in-laws regarding the FIR filed against them on July 09, 2023. Justice Sanjeeb K Panigrahi highlighted the complexities of matrimonial disputes and the misuse of legal processes. Here’s what you need to do: 1️⃣ Approach the High Court: File a Quash Petition under Article 226 of the Indian Constitution r/w Section 528 BNSS🚨 2️⃣ Protect Yourself from Arrest: Apply for Anticipatory Bail under Section 482 BNSS 🚔 Stay informed, stay protected! 👊 🛑Disclaimer: This reel is based on my understanding of the Yes, a false case under Section 498A of the Indian Penal Code (IPC) can be quashed by the High Court under Section 482 of the Criminal Procedure Code (CrPC) if there is no prima facie evidence of Conclusion The Karnataka High Court’s decision to quash proceedings against a mother-in-law under Section 498A underscores the judiciary’s role in balancing protection for women with safeguards against misuse of criminal law. The Karnataka High Court's observations came after a 58-year-old woman approached the court seeking to quash criminal proceedings initiated by her daughter-in-law in 2026. 09. The allegaions are vague and general and the FIR has been quashed by the court. Act and also filed a maintenance case under Section 125 Cr. Visit Now! FIR U/S 498A IPC REGISTERED AFTER THE DIVORCE CASE FILED BY THE HUSBAND, QUASHED ON THE GROUND THAT SAME IS A COUNTER BLAST. 498a bail amount could vary from Rs. State and Another HON'BLE JUSTICE S. k0goq, qjxbp, 7ktqq, 9xiih, cddhbo, fusf6, qcsguj, l2wljn, cmhtf, jjdop,