We have had few articles on 498a and today we would be talking about quashing FIR in 498a. In this post we would be talking about when is the right time to apply for quashing of FIR, on what ground quashing of FIR can be filed. We would also be talking about conditions of quashing of 498a outlined by Supreme court. So let us start with the first question,
When to file quashing of FIR in 498a
Quashing of FIR in 498a can be filed under crpc 438 in high court and it can be done only before trial starts.
Conditions for the quash of FIR in 498a
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
what ground quashing of FIR can be filed
It can also be filed on the basis of jurisdiction and then parents living in a different city or visiting the couple very rare. When the case is filed with wrong intentions to take revenge from husband and in laws.
How to file quashing of FIR in high court
Ask your lawyer to file an application to file quashing of FIR under crpc 438 with all the facts and reason behind quashing. It can be done before trial starts in lower court. We have also embedded few court judgements for your reference which would help you in filing application for quashing of FIR in 498a.