• Grounds for quashing of FIR under section 498A

Hi, 
My marriage took place in Jaipur in 2015. Im from Jaipur and my wife is from Bhopal. 
After marriage we resided at Delhi for one month and then we relocated to my parents place in Jaipur (lost my job). 
My wife left me for parents place multiple times and finally in June 16. 
She put all cases on me and my parents in Feb - Mar 2017 including 498A, 125, DV etc after mediation talks failed. We got AB and then normal bail in 498A. She has already got interim maintenance order which Im paying. 
Now she appears on all 125 and DV hearings but does not give statement in 498A as I have solid evidences in my support and all her cases are fabricated. Almost 8-9 hearings have happened in 498A and she does not give her statement to move case forward. Also as per my lawyer, the judge being woman she is not issuing warrant to give her statement in court. 

Now my question is:
1) After marriage I traveled to Bhopal for one day only to get her back once. (the police fir mentions that date as the start of the dowry seeking and then continuing offence)
2) My parents did not visit Bhopal after marriage even once. 

So how does the court in Bhopal get to decide the case when whatever incident she is saying (all hitting, not giving food, asking for dowry) etc happened at Jaipur / Delhi (even marriage happened in Jaipur) and not at Bhopal. 

What is the process and fees which I need to incur to get the case quashed if at all this is a fit case for quashing? The high court is at Jabalpur for my case.
Asked 5 years ago in Family Law
Religion: Hindu

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10 Answers

Basically you are talking about the jurisdiction of the court this could be the place you live the place you live together at any time the place your wife please are any other place in agreement to both the parties.

In case your wife do not give the statement in 498 a you need to give application to the court in this regard otherwise you need to file Restoration of conjugal right under section 9 of Hindu Marriage Act in case you wish to get your wife back in your own home in case you too net local Restoration of conjugal rights then you need to apply for the divorce this will force her to get a statement

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) as per allegations made in FIR part of cause of action has arisen in Bhopal hence dowry harassment case can be filed in Bhopal 

 

2) quashing is to be done only in exceptional circumstances 

 

3) legalfees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

As you have already appointed a lawyer for yourself, it's inappropriate for other lawyers to advice you. You seeking advice from other lawyers is deplorable conduct on your part and it breaches the pious confidentiality between a lawyer and his/her client. 

You are best adviced here to follow the advice of your lawyer. If you have reservations about his or her competence and/or integrity, then you must relieve him of your case, take your brief back from him/her and then appoint another lawyer. In the interim period, ie the period between you taking back your brief from your present lawyer and appoint another one, you can seek advice at various platforms. 

No advice from anywhere else should be sought, once you have appointed a lawyer


The problem with guys like you is, you don't want proper advice, but palatable advice. It's not a lawyers profile to provide palatable advice. You must go to a soothsayer instead of a lawyer and end up in a soup

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1548 Answers
5 Consultations

4.4 on 5.0

The question whether a case of cruelty on account of dowry harassment punishable under Section 498A of the IPC can be registered, investigated and punished in a jurisdiction different from the one from which the aggrieved spouse has been subjected to cruelty, is pending reference before the larger Bench of the Hon'ble Supreme Court. Thus, as on date, the law is not settled on this point. Wait till the time the larger Bench settles the law on this aspect.  

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

Dear client,

When all the incident as alleged committed out of Bhopal, her FIR liable to be transferred either in Jaipur or Delhi. But she has made it a continuing offence, which started from demand of dowry as per her when you were in Bhopal. 

Tell your parents to file quash petition as they were never went to Bhopal, at least dowry charges will drop and that will be reason for transfer of trail in courts of Jaipur and Delhi.

Also file petition in HC for quashing of chargesheet for want of jurisdiction.

Fees as per advocate reputation.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Fees varies from lawyer to lawyer. Quashing is a discretion of court. Your case has merits you can try

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

1. See she has show the date to make it continuing offence so that FIR can be registered there to harass you file a quashing petition before HC see expenses shall be of fee of lawyer you engage it there is no as such court expense.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

To quash 498a the most common test is if the FIR is filed in parental home and she alleges allegations in the matrimonial home. Then there are good chances to quash 498a based on such facts.

The lawyers charge minimum 50 k for quashing and 5500 per hearing.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. 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.

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. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. 1.  This you can break it during the cross examination of the IO and your wife in the trial proceedings 

2. It is also a matter of trial which can be challenged in the trial court

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

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