• 498a FIR quashed but charge sheet filed later

Hello,
498a FIR was quashed 6 months back and Mutual consent divorce granted. However I have come to know from my ex wife that she has recieved message of charge sheet filed today.
Quash case is showing disposed online and the order states that this is fit case to exercise powers under section 482, however do not explicitly state that the FIR is quashed. 
The IO had requested for money earlier which I did not fulfill and suspect this is due to that.
Please suggest if :
1. The order needs to explicitly state that the FIR is quashed? 
2. Does the chargesheet hold any Ground?
3. What are the steps I need to take? (I have not been summoned personally yet)
Asked 4 years ago in Criminal Law
Religion: Hindu

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14 Answers

The order passed by HC should mention that FIR bearing no ——-filed before local police station stands quashed

2) if FIR is quashed charge sheet does not hold any grounds

3) file precipe for speaking to the minutes of order . Request court to specify that FIR bearing no —-is quashed

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Once fir is quashed then no question of filing chargesheet

No ground to file chargesheet

You show the quash order in police station

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

1. Yes, the order must be clear in one thing i.quashing of FIR.

2.Once this is done the police is informed about the quashing by the Public prosecutor himself.

So if this has been done then there is no way police can proceed to submit charge sheet.

So take proper information whether the quashing has been allowed at all or not.

if you sahre the order herein then further advice on thi account cna be made.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Hi sir , kindly share the high court order .. If the high court has quashed the FIR , then the investigation cannot be conducted further by the IO.. Kinldy Share the order so that I can guide you properly ..thanks

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

1. Now IO can challenge the high court's quash order ( If FIR actually quashed ) .

2. If FIR is quashed and charge sheet filed in lower court then file discharge petition with lower court to discharge you from the case.

3. I need to go through the charge sheet to know which kind of evidences the police collected during investigation.

4. Once the charges are framed then you would receive summon to attend proceedings.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

There is no chance of arrest after filing of charge sheet as FIR has been quashed by HC

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Yes, it needs to be specified in the order like the FIR no. And the same stands quashed.

Yes, it holds value because as per the police matter is open.

Now, you go ahead and ask for the modification of the object to the extent to include FIR stands quashed.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If such is the case and the charge sheet has been filed then move an application for further order in the same 482 petition thereupon informing the court that the police has not closed the matter and has filed a chargesheet despite the order of the HC

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Procure a copy of the chargesheet before filing the said application.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Hi

Submit the quash order in the lower court whenever you receive any summons to appear in the court.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Are you sure chargesheet is for the offence of 498A?

Dont worry whenever you serve summon to appear before the court then you can give the certified copy of the complete order sheet. Language is very right over the order passed by the high court. Try to follow up with the court of law where the chargesheet was filed and make sure what offence chargesheet prescribes.

Arrest must be made on filing of FIR not after filing of chargesheet.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Please suggest if :

1. The order needs to explicitly state that the FIR is quashed?

Without seeing the contents of the order, no opinion can be rendered on this.

However please confirm that if there was any petition filed before the trial court subsequent to this order to discharge you from the case, if not yo9u can file a petition even now.

2. Does the chargesheet hold any Ground?

First confirm the contents of the order and then think about the contents of the charge sheet.

3. What are the steps I need to take? (I have not been summoned personally yet)

Wait for the summons from court or be in touch with your advocate on this.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Me and my parents were part of the FIR, so after the chargesheet is there a chance of arrest? If so what is that I can do to avoid it as that is my priority?

If you are already enlarged on bail, then there can be no arrest on the basis of the charge sheet.

The order by the high court what you have furnished hereinabove is incomplete, what is the conclusion by the court in the impugned order?

You may revert with proper details instead of giving a piece meal information, you will be misguided by the incorrect opinion if you resort to such practice.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Chargesheet is totally up infractuas. No mean of it. Simple, file an contempt petition in highcourt about invalid chargesheet and also take aground of that order.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

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