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Raju Guest
Asked July 12, 2016

False 498A Against me

  • 2 Answers
  • 506 Views

My wife filed false 498A case against me and i remanded to court and grant bail. After that i filed diverse petition and got diverse decree by family court and also regularly attending in front of court for 498A case. Kindly advice me on how to close my 498A. Thanks.

Answers 2

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Arushi Malik

A false case under sec 498A was filed against you and you have been granted bail by the court. Now the Supreme Court of India has laid down the conditions under which you can quash the First Information Report (FIR) filed under sec 498A. These conditions are:

 

a. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (This means that the allegations made in the FIR even if accepted do not constitute an offence against the accused)

b. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code. (This means that the materials in support of the FIR do not point out towards a cognizable offence which can justify an investigation by the police)

c. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (This means that the evidence collected in support of FIR does not direct that an offence has been committed by the accused)

d. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code. (This means that allegation in FIR point out towards a non-cognizable offence)

e. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (This means that the grounds mentioned in the FIR are absurd and do not point out towards the fact that accused has committed any offence)

f. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

g. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.[1] (This means that the proceedings have been initiated with a mala fide intention and for taking revenge against the accused.)

 

Therefore, you can get your FIR under sec 498A quashed on the above grounds as well as on the ground that you have been granted a decree of divorce by the family court.

 

 

 

[1] Sundar Babu v State of Tamil Nadu (Criminal Appeal No. 773 of 2003)

Agree Comment 0 Agrees about 2 years ago

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Raju Guest

Thank you so much for your information.

Agree Comment 0 Agrees almost 2 years ago

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