Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Advice needed - 498a quashing based on Annulment  (Read 2548 times)

0 Members and 1 Guest are viewing this topic.

Offline Skanter

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Advice needed - 498a quashing based on Annulment
« on: July 04, 2016, 08:47:24 AM »
Can I get 498a quashed as my marriage has been annulled due to fraud

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 884
  • Karma: +25/-19
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Advice needed - 498a quashing based on Annulment
« Reply #1 on: July 04, 2016, 11:46:26 PM »
Dear Sir,

What was the ground for annulment. I understand fraud but what all were the facts for leading to fraud.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline brown

  • Newlaw
  • *
  • Posts: 13
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
    • Brown Law, P.L.
Re: Advice needed - 498a quashing based on Annulment
« Reply #2 on: November 18, 2016, 04:35:26 AM »
Thank you much for the post! You have really saved my lots of time.
At Brown Law, P.L., We help people in Personal Injury, Accidents, Family Law causes and Business Law. We are one of the best law firm based in Orlando, Florida. Call at 407-344-3400 for any enquiry.

Offline advocate.kapilc

  • Jr. Legal Expert
  • **
  • Posts: 32
  • Karma: +1/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Advice needed - 498a quashing based on Annulment
« Reply #3 on: April 11, 2017, 10:11:53 AM »
Sir,

For quashing the FIR need to be seen first

Warm Regards
Kapil Chandna Advocate
« Last Edit: April 01, 2018, 08:35:20 PM by admin »

Offline nitish788

  • Newlaw
  • *
  • Posts: 9
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
    • lexspeak.in
Re: Advice needed - 498a quashing based on Annulment
« Reply #4 on: March 31, 2018, 04:08:12 AM »
Quash 498a -Vague allegations in Fir

Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.
« Last Edit: April 01, 2018, 08:36:24 PM by admin »
Nitish Banka
9891549997
nitish@lexspeak.in

Offline Sumiyata

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
    • sbobet
Re: Advice needed - 498a quashing based on Annulment
« Reply #5 on: July 09, 2018, 09:02:01 PM »
These data are considered to be good knowledge for those who love these things.

Free legal Advice - lawyers Forum


 

File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2018
Get Free legal Advice here from top notch lawyers in India