• RCC case quashing

I have RCC case filed against me (1987/2016 ) current status ' evidence part heard' 498a, 303, 302 324: in pune
How to quash this case as it is heading nowhere only dates 
We live same house but like seperate individuals. is it possible to quash with no conditions from either party? I am 54 and wife is 53
Regards sandeep
Asked 11 months ago in Family Law
Religion: Hindu

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13 Answers

Quashing is to be done only in exceptional circumstances

 

In your case, evidence has been partly recorded

 

High Court would be reluctant to quash the case at this juncture 

 

If the allegations made are devoid of material particulars, then you may succeed

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is necessary to peruse FIR and  charge sheet filed against you to advice 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your regular criminal case has been filed in the year 2016 and is going on till now and the stage is evidence partly heard.

Therefore the court will  dispose the case as the trial has already begun.

At this stage the high court may not entertain quash petition for whatever the reason would be.

You may better challenge the case in the trial court itself on merit. 

If it is no more possible to tolerate then you can file divorce case on the grounds of cruelty. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For all such practical issues you may better clarify from your own advocate who will be the better person to guide you in furtherance as the lawyers of this website cannot render any proper opinion without perusing the case papers or details 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Charge sheet is filed, evidence  is being recorded, such case cannot be quashed. Fight the  case on merit and get acquittal.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If your wife agrees then quashing of this case on mutual consent is possible. 

Otherwise you can apply for quashing but the outcome of the same would depend on merit of the case. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

To quash your 498A, 324, 323, 504 case:

  1. Grounds for Quashing:

    • File under Section 482 CrPC in Bombay High Court if:

      • Allegations are baseless.
      • Case is delayed unnecessarily.
      • You live separately without disputes.

  2. Steps:

    • Hire a criminal lawyer.
    • Highlight lack of evidence or malicious intent.
    • If your wife agrees, file jointly for faster resolution.

  3. Court Considerations:

    • Courts quash cases with no merit, undue delays, or mutual consent.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Yes you can quash the FIR by filing quashing before HC 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,   

Thank you for your inputs regarding your case. Based on your circumstances, it is possible to quash an FIR or charges under Section 498A and related IPC provisions under Section 482 of the CrPC if certain conditions are fulfilled. Given that this is stretching further without any valuable progress, you can try moving a petition for quashing in the High Court. However, it has generally been held by the court that in cases not featuring mutual consent for settlement, quashing will only take place if such allegations are shown not to suffer from merit or substance.   

  

If you stay as separated individuals with your wife in peace and in consent to terminate the matter conditionally, you could approach the court to file a joint affidavit stating that you have no intention of proceeding with the case. Should the wife disagree, you could seek to quash it individually and illustrate how the case has turned into some kind of folly in pursuit of revenge or inaction, leading to abuse of process. Plus, an additional supportive submission showing no material trial progress would only help.    

The quashing goes on from few months even up to a year, taking their time dependent on the backlog of each High Court. It is very important to get an experienced criminal lawyer to help you for best representation. The legal fees for a quashing petition may cost you from ₹50,000 to ₹1,50,000, depending on each case's complexity and stature.   

I hope this helps. Do feel free to get into contact for further assistance or questions. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Dear Sandeep,

To quash the case involving charges under Sections 498A, 323, 324, and 504 IPC, you can file a petition under Section 482 of the CrPC before the High Court, seeking to quash the proceedings. The court may consider quashing the case if it determines that the charges are baseless or that continuing the case serves no meaningful purpose, especially if both you and your wife are living separately under one roof without any substantial grounds for the charges. While it’s possible to seek quashing without conditions, the court may impose conditions like a mutual settlement or reconciliation, particularly in cases involving domestic violence or cruelty. Since the case has been pending since 2016, the delay in proceedings may also work in your favour, as courts are inclined to quash cases that have been delayed without substantial progress. It is advisable to consult a criminal lawyer to assess the specifics of your case and guide you on the most effective approach.

Thanks and Regards,
Advocate Aman Verma,
Legal Corridor

Aman Verma
Advocate, Delhi
502 Answers

quashing is possible only if there is a settlement 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

- You can approach the High Court for quashing the FIR if you have valid grounds

- Further , if the Court is taking much time then the High Court also can direct the said trail Court to finalize the matter within a fixed time frame. 

- Further, if you both want divorce then you both can file a joint petition before the family Court for getting mutual divorce

- Further , the FIR can be quashed if she is interested to end the matter amicably. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File a Criminal Revision Application in the High Court for quashing of the FIR Charge sheet and entire criminal proceeding on the ground of compromise with your wife. The Hon'ble Court will record her statement of compromise and accordingly quash the entire proceeding. Live happily thereafter in peace with your wife. 

Robert D Rozario
Advocate, Mumbai
53 Answers

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