• Removal of section in FIR

My wife has lodged FIR under section 498A and 497 on me. Matter is pending in mediation and police investigation still going on..meanwhile I have filed ABP before Session Court. As per CRPC section 497 cannot be applied on husband by wife.. What can I do to get section 497 removed.. can investigating officer remove that section or which court has the power to remove section 497 on me.. can i go for partial quashing of FIR in High Court..will this help me in trial later on..
Asked 4 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. First apply for ABP.Once it is done then next course of action can be advised.

2. Wait till submission of chargesheet. The police on completion of chargesheet can remove this section.

3. if not then you can go for quashing in high court.

4. beofre submission of charge sheet most high courts do not intervene in quashing.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Respected sir...

There are two ways

1- just wait for some time if it appears to you that you wife will be agree on meditation then you may after filling divorce petition under section 13-B of HMA you can go to Hon'ble High Court for quashing of FIR as well as mentioned quashing in your statements of first motion ..

2- if your wife did not agree for mediation then ask your lawyer to argue on charge court will remove it on marits ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Hello,

The best remedy for you at this juncture would be to prefer a petition for quashing the FIR in the HC.

Also, you can wait till charge sheet is filed, if the police does not remove the said section then you may prefer a petition for charge sheet quashing in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Who said, Section 497 cannot be applied on husband by her wife. It is practicable in current scenario.

You can go completely quashing of FIR if your matter will settled in mediation.

Or you can argue before the court when charge is to be framed by the judge.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi, you can go for the quashing of the FIR in high court .. The high court under its discretion can quash the FIR or alter or remove the charges in the FIR

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Wait for police investigations to be completed

Police can drop charge under section 497 in the charge sheet

If Police do not remove section 497 then file fir quashing in HC

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Your wife can definitely file a case against you under section 497.

497 gives protection only to the married woman who's in a illicit relationship with you, and it's just she who cannot be prosecuted as an abetter.

Your wife is/was free to file a case against byiu under section 497, in addition to 498a.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello there.

Please dont worry at all. its true that wife can not be file complaint of adultery against you. I m sure during the investigation the investigation officer will also realized about the fact which you have avered herein above. I would advice you not to approached for quashing of Section 497 IPC before Hon'ble high court. Let wait for filing of charge sheet by the investigation officer before the metropolitan Megistrate. Let your advocate be advance argument on both the allegation i.e. demand of dowry under section 498A and 497 IPC. The Ld. Metropolitan Magistrate Court will discharge you against the said charge during the trial.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
86 Answers
3 Consultations

5.0 on 5.0

The police knows that 497 is not applicable agaisnt you for the complaint lodged by your wife, hence they will remove the section, if they dont, then you can protest this in the trial court.

What is partial quashing of FIR, it has to be in full for the entire contents and not for part contents alone.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

There`s no need to apply. Police will automatically not look into above section.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Section 497 is an offences of adultery which is extracted below:

Section 497 in The Indian Penal Code

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

If it is committed by wife then husband has power to lodge complaint and when husband committed such offences then wife has got power to lodge complaint as per section 498 IPC.

“198. Prosecution for offences against marriage.— (1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the said Code:

Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.”

Thus the wife has every right to lodge complaint. If there are no ingredients of such offences under section 497 then you have to approach the Court. But it is wise to seek quashing of entire FIR instead of only offences.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file quashing application in HC for the same. HC can remove the said section. Or you can file discharge application after filing of chargesheet.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

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