It is advisable that you wit for the police to file the charge sheet after which you can file a quash petition for both your mother and yourself too.

These inconsistencies will help you to extract contradicting information about her pleadings in various cases  while she is being cross examined,  hence better wait for the police to file the charge sheet. Even the high courts generally  don't entertain quash of FIR.

Yes, based on the facts shared by you, your mother has a good basis to approach the Hon’ble High Court under Section 482 of the CrPC for quashing of the FIR under Section 498A and allied sections. Let’s look at this systematically and in legal detail, keeping the content clean and properly formatted, just the way you like it.

1. Key Legal Principle

Under Section 482 CrPC, the High Court has inherent powers to quash criminal proceedings where:

• The allegations are absurd, improbable, or inherently contradictory;

• The FIR has been filed maliciously or to harass the accused;

• The dispute is predominantly matrimonial or civil in nature and continuation of the criminal proceedings would amount to abuse of the process of law.

2. Grounds Available for Quashing (Specific to Your Facts)

a. Contradictions and Suppression of Material Facts

• The wife did not mention the alleged “31 May 2025 assault” in her first complaint under Section 97 BNS or in the later PWDVA complaint.

• Such selective mention of facts suggests an afterthought, casting serious doubt on the truthfulness of her FIR allegations.

b. Delay and Improvement in Allegations

• There was nearly a two-month gap between her leaving the matrimonial home (9 June 2025) and registration of the FIR (3 August 2025).

• Courts have repeatedly held that unexplained delay in lodging a 498A FIR raises a presumption of embellishment or false implication (Kans Raj v. State of Punjab, 2000 (5) SCC 207).

c. Availability of Documentary and Electronic Evidence of Normal Relations

• Over 500 photographs, 25 videos, WhatsApp chats, and call recordings showing cordial relations till 15 June 2025 strongly rebut allegations of continuous cruelty or dowry harassment.

• Such contemporaneous evidence often persuades the High Court to see the FIR as exaggerated or motivated.

d. No Specific Allegation or Overt Act by the Mother

• The mother-in-law’s alleged role is vague (“used to deny food”, “supported son”).

• In Kailash Chandra Agrawal v. State of U.P., (2014) 16 SCC 551, the Supreme Court cautioned against roping in elderly relatives without specific acts of cruelty.

e. Multiple Proceedings Based on the Same Facts

• The search warrant complaint, 498A FIR, and PWDVA case all stem from the same factual background and contain overlapping allegations.

• This multiplicity can be argued as harassment and an abuse of process.

3. Strategic Legal Position

• The son (husband) may not get immediate quashing since he is the principal accused; courts usually require trial-level evidence.

• However, the mother has a significantly stronger case for quashing, as:

  • Allegations against her are general and unsubstantiated.

  • There is no independent material to show direct cruelty or dowry demand.

  • She appears to have been implicated only to pressurize the son.

4. Suggested Course of Action

1. File a Petition under Section 482 CrPC before the jurisdictional High Court (based on the FIR location).

2. Annex:

   • Copy of the FIR, search warrant order, and PWDVA complaint.

   • All photos, chats, and recordings demonstrating normalcy.

   • A concise affidavit highlighting contradictions and absence of direct allegations.

3. Emphasize:

   • Abuse of process;

   • Delay and afterthought;

   • No prima facie case against the mother;

   • Continuation of proceedings would amount to harassment of senior citizens.

5. Possible Outcome

• High probability that the High Court will quash the FIR and proceedings against the mother while allowing trial to continue only against the husband, if the court feels some investigation is still warranted.

• In many similar cases, courts have granted relief to parents while directing police to proceed only against the husband.

6. Parallel Strategy

• Continue collecting and preserving all digital evidence.

• File for anticipatory bail (if not already granted) to prevent coercive steps.

• Keep all future interactions through written or electronic communication only.

Yes she can very well approach for quashing of the same in HC before filing chargesheet or cognisance by magistrate 

Quashing is to be done only in exceptional circumstances 

2) HC is reluctant to quash FIR pending completion of investigation 

3) further there are specific allegations made against your mother in the FIR 

4) better to apply for discharge before trial court 

1. Merit of the case for quashing depends on lot of facts including the materials came in the charge sheet.

2. Quashing is an exception and trial is a rule. Therefore, high court in quashing rarely intervenes.

3. However, to try quashing you will have to wait till the charge sheet is submitted. All the best,

Yes, your mother can file quashing petition under Section 482 CrPC before the High Court only for herself, based on inconsistencies and lack of specific allegations against her.

Courts quash FIR against relatives (especially mothers) when:

• Allegations are general, vague or afterthought

• No specific acts of cruelty are mentioned

• Contradictions exist between multiple complaints

• Evidence shows normal relationship

Your chats/photos/videos + omission of the alleged assault in earlier complaints will help your case. However, you may still have to fight the trial unless the settlement or proof strongly supports quashing for both.

Legal Grounds for Quashing the FIR Against Your Mother

The Supreme Court of India, in a series of judgments (most notably in State of Haryana vs. Bhajan Lal, 1992), has laid down specific guidelines for when the High Court can quash an FIR. Your case seems to fit several of these grounds, particularly concerning your mother:

1. Patent Falsehood and Inconsistencies: This is your strongest argument. The timeline and the omission of the most serious allegation are glaring red flags.

   • The Alleged Assault of May 31st: The FIR (filed on Aug 3, 2025) mentions a "brutal assault" on May 31, 2025. However, this crucial incident is conspicuously absent in:

     • The Search Warrant application (filed July 24, 2025).

     • The PWDVA application (filed Aug 27, 2025).

   • A victim of a "brutal assault" would invariably mention it in the very first legal complaint they file. The fact that it appears only in the later FIR, and not in the complaints filed just before and after it, makes the allegation highly suspect and indicative of fabrication.

2. Inherent Improbability: The allegations against your mother need to be examined for basic plausibility.

   • Allegation of denying food: This is a generic and commonly used allegation. You will need to counter this with evidence of a normal family life (which you seem to have).

   • Allegation of not disclosing the previous marriage: You have stated that your current wife knew about the divorce. If you have any pre-marital chats, emails, or witness testimony to prove this, it completely negates the core premise of the "deception" alleged in the FIR.

3. Lack of Specific Allegations against your Mother: In many 498A cases, the courts quash proceedings against relatives if the allegations are vague, general, and do not disclose any specific overt act. The allegation of "denying food" is often considered too vague without specific instances, dates, and details.

4. Evidence of a Cordial Relationship (Your Most Powerful Evidence): Your collection of 500+ images, 25+ videos, and chats from November 2024 to June 15, 2025, is extremely significant. This evidence, which spans almost the entire duration of the marriage, can be used to demonstrate:

   • A normal, happy marital and family life.

   • Your wife's voluntary participation in vacations and family events.

   • The absence of any signs of the alleged physical or mental torture.

How to Proceed with the Quashing Petition

A petition to quash an FIR is filed under Section 482 of the Code of Criminal Procedure (CrPC), which preserves the High Court's inherent power to prevent abuse of the legal process or to secure the ends of justice.

Steps to take:

1. Immediately Engage a Specialist Lawyer: You need a skilled criminal lawyer who specializes in matrimonial disputes and has experience filing quashing petitions before the High Court. Do not delay.

2. Compile and Organize Your Evidence: Your lawyer will need to create a compelling narrative. This involves:

   • Creating a Chronology: A date-wise table of events, highlighting the inconsistencies (e.g., "May 31 - Alleged Assault", "June 24 - Search Warrant filed, no mention of assault", "Aug 3 - FIR filed, mentions assault", "Aug 27 - PWDVA filed, no mention of assault").

   • Annexing Evidence: Select the most compelling photos, videos, and chat transcripts that show a happy relationship during the period she claims torture was ongoing. Call recordings (if legally admissible) can also be powerful.

   • Affidavits: You and your mother will need to file detailed affidavits stating the true facts and denying the allegations.

3. Draft the Quashing Petition: Your lawyer will draft the petition, arguing that:

   • The FIR, even if taken at face value, does not disclose a cognizable offense against your mother, or the allegations are so vague and general that they constitute an abuse of the legal process.

   • The allegations are patently false and belied by the documentary evidence (photos, chats, etc.).

   • The inconsistencies in the various legal filings show a clear intention to harass and rope in all family members, which is a known misuse of Section 498A.

   • Continuing the prosecution against your elderly mother would be a gross travesty of justice.

Important Considerations and Caveats

• Timing: File the quashing petition at the earliest. The High Court is generally more inclined to intervene before the investigation is complete or before charges are framed, especially in clear cases of abuse of process.

• Anticipate the Opposition: The State (Public Prosecutor) and your wife will oppose the petition. They will argue that the investigation is at a preliminary stage and the truth should be determined at trial. Your lawyer must be prepared to counter this by emphasizing the "admitted" inconsistencies visible on the face of the record.

• Your Own Case: While the case for quashing against your mother is strong, getting the entire FIR quashed against you at this stage will be more challenging. The primary allegations are against you as the husband. However, a successful quashing for your mother will significantly weaken the overall case and demonstrate to the court that the wife's version is not entirely reliable.

• Parallel Proceedings: The quashing petition for the 498A FIR will run parallel to the PWDVA case. A favorable outcome in the High Court can positively influence the proceedings in the Family Court.

Conclusion

Yes, you should definitely proceed with filing a quashing petition in the High Court for your mother. The inconsistencies in the legal complaints, coupled with your strong evidence of a normal marital life, create a compelling case that the FIR against her is a clear abuse of the legal process intended to harass and exert pressure.

Act swiftly, engage a competent lawyer, and present a well-documented petition. The chances of success for your mother are reasonably high given the specific facts you have described.

Based on the facts you have shared, there is a strong basis for your mother to approach the High Court and seek quashing of the 498A FIR under Section 482 CrPC. The law is clear that an FIR can be quashed when it contains vague, exaggerated, or improved allegations, or when it is filed as an afterthought in a purely matrimonial dispute.

In your case, the wife has made three different complaints on three different dates, but the allegations are not consistent with each other. In the first complaint for a search warrant dated 24 July 2025, she only claimed mental and physical harassment and hospitalisation, and there was no mention of the alleged assault of 31 May 2025. In the later FIR dated 3 August 2025, she suddenly introduced a new and serious allegation of a “brutal assault” on 31 May. In the Domestic Violence complaint filed on 27 August 2025, she again did not mention the same assault and only repeated general allegations of harassment. These types of omissions and later additions are treated by the courts as material contradictions, and they cast serious doubt on the truthfulness of the allegations.

You also mentioned that you have substantial evidence—photos, videos, WhatsApp chats, call recordings—from the period of marriage, including vacations taken together, showing a normal relationship. Such evidence has been accepted by the Supreme Court to prove that allegations of cruelty are false and made only after the relationship breaks down.

The High Court can quash the FIR for your mother on several grounds, including lack of specific allegations against her, contradictions in the wife’s complaints, absence of medical proof of assault, delay in filing the FIR, and misuse of criminal law for personal vendetta. The courts have repeatedly held that a general or vague allegation like “they tortured me” is not enough to prosecute all relatives, especially the mother of the husband. Several Supreme Court judgments support quashing in such cases, including Geeta Mehrotra, Kahkashan Kausar, Preeti Gupta, and the landmark Bhajan Lal case on abuse of criminal process.

A petition for quashing is normally filed along with all the complaints, the FIR, and all your evidence. The High Court can also grant a stay on arrest and further investigation while the petition is pending. Even if the FIR is not quashed in full, there is a good chance of quashing it at least as far as your mother is concerned, because the allegations against her are not specific and appear to be added only to put pressure on the family.

If you would like, I can prepare the draft petition for quashing along with the list of relevant judgments and supporting affidavit. Please also confirm the police station where the FIR was registered and whether any notice under Section 41A CrPC has been issued.

1. Ordinarily, all the High Courts take up the question of quashing the FIRs only after the charge sheet is filed.

2. So, your present action should be to start negotiate with the appropriate police authorities, if possible, to ensure that charge sheet is filed by them leaving lots of loopholes to allow you to get the said FIR quashed by the High Court.