A 498a FIR is registered against my sister. My wife was in domestic relationship with me and father for two years from 2018 to 2020 but never with my sister who was working in Banglore. She has Aadhar card of Banglore and her company records can prove it. Now FIR has her name. I am getting following advise online and offline with lawyers Q1. Some say if she give all the evidences her name would be struck off . Now can IO still strikes off her name even after the FIR has been registered (technically and practically) Q2. If she joins investigation can police cut her name in challan / charge sheet if they find no evidence esp after strict guideline of SC or they would mechanically put her name and ask her to stand trial Q3. Since this case is fit for quashing, what is the right time to go for quashing in High Court ; after chargesheet or immediately after filling of FIR without joining investigation
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For quashing go after the charge sheet is submitted. Your sister and others have been named because this is the standard practice nowadays to rope in as many relatives as possible.
Also file a discharge application in the dv case.
Police generally doesn't remove the names of relatives.
Her name would be dropped at time of filing of charge sheet if there is no evidence against her
quashing is to be done only in exceptional circumstances
HC is reluctant to quash FIR pending completion of investigations
1. IO can do that while submitting the chargesheet if there is no offence made out against her. You can go for quashing anytime now
1. If the IO finds in the investigation that she has not committed any offence and that she has been unnecessarily implicated in this case, he can very well remove her name from the FIR.
However for the offences under section 498A, it is not necessary that the domestic relationship to be proved by your sister residing in your address along with your wife.
It can be understood that your sister had demanded the dowry amount from her place of residence too.
It is a matter of trial.
2. It depends on the mood of the IO and also the evidences in he support.
3. It is always advisable to apply for quash of charge sheet and not the FIR.
Dear Client,
Anticipatory bail in 498a is advisable and recommended. 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. After completion of investigation police will file charge sheet at this stage evidence of the police has to be seen. If there is no evidence or contradictory evidence then you can seek discharge. Argument on discharge is an important stage in fighting false 498a. If there is no statements of witnesses or no medical evidence then you may argue on discharge.
Thank You.
