Legal Question in Family Law in India

Quash-498A

What are grounds that we can apply for a quash in high court incase of false 498A


Asked on 5/30/07, 1:06 am

7 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Quash-498A

Blindly we cannot tell you until we see on what grounds they will take and file a case against, it is better if you know the grounds on which she is going to allege you may deny those facts

Balasubramanya.

Advocate.

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Answered on 5/30/07, 4:18 am
Lawbird in Delhi Taneja Law Office

Re: Quash-498A

Knowing the facts is important prior to formulating any legal opinion. Kindly correspond through email for detailed and professional discussion.

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Answered on 5/30/07, 7:55 am
rajeshwar sharma rajeshwarnathsharma

Re: Quash-498A

Without going the facts of your case and without knowing the details of the documents and proofs if any & on what grounds you are saying that the case is false, it is not possible for me to give you proper advice. Hence please consult me or any lawyer of your choice

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Answered on 5/30/07, 9:48 am
G. M. Gupta gmguptaandassociates

Re: Quash-498A

grounds depend from case to case and can not be given in air.

proper case study is required and papers are required to be seen.

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Answered on 5/30/07, 1:33 pm
Vishwa Arya Arya & Co.

Re: Quash-498A

Gentleman, one needs to see the FIR to suggest if there is a ground or not - the facts. your question is incomplete

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Answered on 5/30/07, 2:51 pm

Re: Quash-498A

As such there is no check list or specific grounds for quashing of FIR.grounds are extracted fron all the facts of the case and also law point if any.

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Answered on 5/30/07, 3:22 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Quash-498A

the grounds are :

(a) if the FIR or the complaint does not disclose the ingredients of offence alleged;

(b) you can establish that the complaint is vindictive and misuse or abuse of the process of law;

(c) the complaint is not maintainable in law.

You may read supreme courtt judgements rendered in R. P. Kapur v. State of Punjab; and Bhajan Lal v. State of Haryana

where law has been laid down by the Hon'ble Supreme Court for quashing of FIR/complaint under section 482 of Cr. P. C. by High Courts in India.

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Answered on 6/06/07, 11:30 pm


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