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Author Topic: section 498A,section 324 and section 3 and 4 for anti dowry act  (Read 943 times)

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Offline Kingshuk12

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Hi,I have a question to ask.My wife registered a case against me under the acts mentioned above in Ulsoor police station Bangalore. later we reconciled and approached the police to close the case. However the inspector in charge refused it. Now we have filed a petition in High Court under section 482 for quashing of FIR. I want to know the chances of its success. A quick reply will be really appreciated.



Offline advjaibansal

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Re: section 498A,section 324 and section 3 and 4 for anti dowry act
« Reply #1 on: January 15, 2018, 07:33:21 PM »
Dear Sir,

I hope the quashing petition is filed on the grounds of compromise. If that is the case then it will be allowed. Or else it will be decided on the merits. normally in compromise quashing petition, the case is allowed.

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

Offline Kingshuk12

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Re: section 498A,section 324 and section 3 and 4 for anti dowry act
« Reply #2 on: January 15, 2018, 09:50:11 PM »
Dear Sir,the quashing petition has been filed under section 482 which is based on compromise.We have mutually appealed for quashing the FIR based on compromise reached between us.

Offline advjaibansal

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Re: section 498A,section 324 and section 3 and 4 for anti dowry act
« Reply #3 on: January 16, 2018, 04:58:41 PM »
in such case, quashing will be allowed normally by the high court.

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

Offline nitish788

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Re: section 498A,section 324 and section 3 and 4 for anti dowry act
« Reply #4 on: March 31, 2018, 04:07:13 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.

Image result for 498a quash

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.

Regards,
Advocate Nitish Banka
(Practicing in Supreme Court of India)
« Last Edit: April 01, 2018, 08:46:05 PM by admin »
Nitish Banka
9891549997
nitish@lexspeak.in

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