Understanding HC Quash Petitions: Section 482 Of CrPC

The definitive guidelines under which a High Court can exercise its authority to quash a petition is given by the Supreme Court in the Bhajan Las Vs State Of Haryana, 21/11/1990, judgment. This judgment lays the ground rules for a HC to quash a criminal case.

Here is the link to the judgment from Judis:

http://judis.nic.in/supremecourt/qrydisp.aspx?filename=7332
OR

SC: HCs Have To Be Cautious In ‘Dowry’ Cases

The best explanation of the view of the courts, in my opinion, has been given by Justice Dhingra.

This is what he says:

“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. “

Here is the document that attempts to explain HC Quash Petitions (Section 482):

Understanding HC Quash Petitions: Section 482 Of CrPC

_____________________________________

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52 Responses to “Understanding HC Quash Petitions: Section 482 Of CrPC”


  1. 1 Ravi December 14, 2007 at 4:00 pm

    Very good post Vinayak. This should help many victims understanding the timing of the filing the Quash petitions.

    • 2 ps March 28, 2013 at 5:20 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  2. 3 KUMAR February 2, 2008 at 3:01 pm

    KIND ATTN:

    MY CASE IS ON TRIAL IN 498A FATHER DIED DUE TO THIS HARRASEMENT WAS PUT BEHIND BARS FOR NOTHING WAS AN HEART PATIENT MOTHER AND BROTHER TOO WERE SENT TO JAIL I GOT ANTICIPATORY HAVE SUFFICIENT EVIDENCE TO NOT PROVE GUILTY LIKE VOICE RECORDING,FINANCIAL STATEMENTS ETC.
    HAVE TWO KIDS SHE WANTS TO COME BACK.
    KINDLY SUGGEST REMIDIES. KIDS R GIVEN TO ME HIGH COURT.
    DO MY BANK STATEMENTS AND EXPENDITURE BILLS HAVE WEIGHT ON MY SIDE.
    KUMAR.

    • 4 ps March 28, 2013 at 5:21 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  3. 5 Gupta February 13, 2008 at 11:52 pm

    I feel sorry after reading your post. Did you try for quashing of FIR in the High Court? All the evidence you have, will definitely help you to win the case.
    Good luck!!
    Gupta

  4. 6 manas May 15, 2008 at 10:21 am

    Sir my brother’s wife committed suicide (was confimed by forensic report also). My brother’s in-laws lodged 498a case against him The death was within 7 years of marriage.

    Recently, his in-laws have supported us and said they will fully cooperate with us .

    The proceeding of the case will start in lower court from 25th June 2008.

    Pl advise how my brother’s in-laws can favour us so that the judgement is in favour of us.

    pl. help me… and guide us

  5. 7 Mayank Gupta September 24, 2008 at 12:42 am

    Manas,
    When his in-laws are supporting you and your family, then where is the problem?
    MG

  6. 8 K. Biswas October 16, 2008 at 10:21 am

    I am a central govt. employee. My wife was staying with her parents for last 1.5 yrs. We have a kid (~ 5yrs old) and seeing her attitude towards him, I took the baby. I order to get the baby back and fulfill her grievances; she lodged a false 498A case against me and my family members. I have sufficient evidence to prove me innocent. However, I am worried about the suspension of my service and the future of kid. I don’t want any reconciliation. Please advice.

  7. 9 k.g.krishnan October 23, 2008 at 4:20 pm

    civil matters are pending in civil courts and even in apex court regarding a claim over an immovable property. the rival claimant has hired the police to harass by filing a criminal case regarding the same civil claim over the property. the police tried to subdue and threatened to withdraw the claim over the property accepting a compensation given by the rival claimant out of mercy. can the police conduct a parallel court. want some landmark judgments of SCI regarding police cannot interfere when matters are being enquired by civil court.

    • 10 anandrajk October 12, 2010 at 1:25 pm

      Sir, intimate to the court regarding harassment of the police officials and to the higher authorities of police officers.

  8. 11 gaurav malik June 11, 2009 at 8:09 am

    my wife booked me & my family in 323/120b/506/498a/406 me & my mother/ brother arrested and got bail after5days &me after15 days other got antseptory .she go to their home on 15 feb we lodege a written com in p.s & call 100no also.but she says that we took her to their parential home & demand for a accent car &100000 for pur of a flat .she also provide a medical&2 witness who says that they beat the girls with their dandas and ran away .she lived in kukshetra & i m in delhi .should we go for quashing we have a audio recoring in which her mother told her that now u dont rase a oues of income ask that u beat me by asking of ur mother /bhabhi .she also says that some body ask us to do this thing .is this recording helps us in this case pls tell as a wellwisher i& my whole family is thankful to u .

    • 12 v.balamurugan February 3, 2012 at 5:29 pm

      it is not a value evidece to quash. you go to compromise, follow your wife way, then cunningly ask to withdraw the case.after that if you not wiling to live with ur wife then collect any evidence, and find any reason then file divorce petition.

  9. 13 bhim sen June 12, 2009 at 6:50 am

    dear all

    i bhim sen say only one thing to all young youth for about save our futur i want everybody stop the marrage procedure and adoped westrn culture because we save our family. because after getting marrage to female than female want become more powerfull than man.

    but our culture law and govt. provide more protection to female because our system is lul…. is sufficent to man and not provide good right to man for live the good lifef. every husbad is sarvent of wife. so i tell to all young youth don’t move or go to marrage dicision. after marrage man is play a rule of women and women become a man or more powerfull.

    thanx
    bhim sen “LUHAR”
    09327758597

  10. 14 Akhilesh kumar September 22, 2009 at 4:59 pm

    Sir my bhabhi has filed a case against my family under section 498A of IPC in year 2006. Now she has also filed a case under domestic violence Act, 2005. We have sufficient amount of documentary evidence. She has also given an affidavit where she has herself admitted that she had instituted a false case against her sasural family members. We have other evidences also to prove our innocence. We have preserved her letter written to her father-in-law and mother-in-law after she went to Ghaziabad to live with her husband. When the case under section 498A has been ordered by the court to open and prosecution has been asked to produce their witnesses, they are not appearing before the court. The complainant herself is not appearinng in the couart despite we emphasized before the court so many times that why not the prosecution presenting its evidences and witnesses. Witnesses are her two brothers and her own father. Magistrate said that the complaint shall be rejected if the complainant does not appear before the court with the witnesses. But she did not appear. Now the magistrate has closed the production of evidence and has said that an order shall be passed in the case.
    The complainant and her family members are not appearing because they know that we are having very cogent evidences. But we think that she will again after dismissal of the case appear before the court and pray the court to restore the case and shall a false medical certificate. she is willing to harrass us. Restitutio

  11. 15 mohan gurmukhani April 8, 2010 at 2:47 pm

    my brother’s daughter-in-law came back to india from sydney and lodged complaint in mumbaiin july 2009 under section 498(A),406.506.34 against my brother ,and his three children all in sydney.After four months she added me and my wife in the said FIR as supplementary addition.We applied for the anticipatory bail and got the bail with the remarks of judge that inclusion of names is after thought and the applicants have been roped in the case.we went mumbai and bail ,surety formalities were completed.but now again police has sent us telegrams and letters to come to mumbai and join the investigation.at first visit he didnot ask any question except bail formalities.now we are being harrased like this. should we go to mumbai or not? mohan (delhi)8-4-2010

  12. 18 kkmittal April 9, 2010 at 11:48 am

    Pl read this and bring this to the notice of court that no case can be registered against woman relatives.Read judgements on498a available on this site and ask the police as to what further information is needed from you. Or goto High court to get the fir queshed against you.

    Abuse of domestic violence Act brought to HC notice
    Tribune News Service
    Chandigarh, April 1
    Implemented in 2006 for the protection of the fairer sex, the Protection of Women from Domestic Violence Act has apparently turned unfair for women.
    In a clear-cut departure from the intended purpose of safeguarding the interest of women in general and housewives in particular, the provisions of the Act are being – on the face of it – misused to proceed against women. In one such case, a woman lodged a complaint against four of her women relatives, even though the law reportedly prohibits initiation of proceedings against the same gender.
    Bringing the alleged violation of the norms to the Punjab and Haryana High Court’s notice, Manjit Kaur of Sangrur and three others urged the Bench to quash the complaint dated January 20, 2009. The complaint, under Section 12 of the Act, is currently pending before Patiala judicial magistrate first class.
    One of the petitioners is complainant Pooja Rani’s mother-in-law, while the other petitioners are her sister-in-laws.
    As the matter came up for hearing, Justice Nirmaljit Kaur in her order observed the petitioners were women; and had been summoned under the Protection of Women from Domestic Violence Act, 2005. As per Section 2 (q), complaint for offence under the Act can be filed only against “adult male persons”, and not against women.
    Justice Nirmaljit Kaur also took note of the fact that the petitioners were placing reliance on the judgment of Madhya Pradesh High Court in the case of Ajay Kant versus Alka Sharma. Issuing notice of motion on the petition, Justice Nirmaljit Kaur also directed stay on further proceedings as far as the “present petitioners” were concerned. Before parting with the order, Justice Nirmaljit Kaur also fixed May 27 as the next date of hearing in the case.

  13. 19 Raj June 22, 2010 at 8:59 am

    I have 3 questions:

    1.
    I would like to know when can 482 Cr.P.C. be filed in Hon’ble High court,
    Is it:
    (a). before framing of charge sheet
    (b). after framing of the charge sheet.
    (c). Before or after zirah (Bahas), with compainant and witnesses.

    2. Is there any limetation on when we can file the 482 Cr.P.C quash petition, or is it that we can file 482 Cr.P.C. quash petition at any time of the trial in civil court..

    3. Also tell me if someone miss to file it (482 Cr.PC quash petition, in Hon’ble High Court) during the trial period in civil court, can he/she file it (482 Cr.PC quash petition, in Hon’ble High Court) after the case is challenged in High court.

    thnx

  14. 20 ROHIT September 15, 2010 at 4:13 pm

    SIR, PLZ TELL ME THAT WHAT IS THE PROCEDURE OF FILING 482 , RECENTLY OUR MEDIATION WAS FAILED IN ALLAHABAD HIGH COURT , MY MOTHER AND SISTER HAD STAY ORDER FROM THERE , HOW CAN WE GET STAY AGAIN AND HOW 482 WORKS IN 498A CASE. PLZ HELP ME , WAITING FOR UR REPLY. REGARDS ROHIT

  15. 22 NATARAJ P UNKAL October 4, 2010 at 11:44 am

    DEAR SIR,
    MY QUESTION IS THERE IS A CASE FILED UPON ME U/S IPC 324 AND 325 AND ANOTHER CASE WAS FILED ON PRIVATE COMPLAINT IN COURT LATER CONVERTED AS CC CASE FOR SAME INCIDENT WHEATHER SHAL I GO FOR QUASH APPEAL THE CASE IS FROM 2004 KINDLY HELP AND GUIDE

    NATARAJ

  16. 23 rajesh m khetani October 31, 2010 at 2:51 pm

    Dear all, i apprecieat the concern shown by various people here toward the false complain, one should go for quashing of police complain if inocent at the same time belive that the court should not give any relief x party and all the matter related to sec 482 should be given priority in case of admission i am the one who has lodge the complained under various sec of ipc as well under it act 2000 how ever my case got registered only for 406 and 420 and their also the high court has stayed the investigation but i am looking for the true judgement to come out in future at present my matter is in the stage of admission and court required time to decide on the records in front of the court. Hope for the best

    • 24 ps March 28, 2013 at 5:24 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  17. 25 Dinakar November 18, 2010 at 7:52 am

    Dear sir,

    i am Dinakar frm Guntur Andhrapradesh.sir my wife put a 498A case againest me and my family members on dated 28/April/2010.actually she left my 4 yrs old child and gone aeay on 25 th april 2010 after her father cousin put a 498A case.my father done bypass operation on march 2010 and she put a case on april.and we going to get the bail i am in jail up to 1week my faher and my mother get bails and my sisters also get the bails. and we are going to quash this fir againest my family memebers.it was done on July 2010 then HC gives a stay for my family members.sir how can i get quash this case againest my family members please give me a adviose.

  18. 26 kalpesh December 2, 2010 at 8:09 am

    They have lodge a FIR on all family member under IPC 306, 498-A & 114, My wife had committed suicide on 25th Oct, when I was not present at home and my parents and sister stay at 400 km away from my home. she had some medical problem like chronically sinusitis and migrant. she also wrote a letter, giving reason for suicide based on his ill health. and no other issue related any harrasement or any dowry

    our anti. bail is rejected from session court & high court.

    So, please help me in this conditions. what will do in this conditions ?

  19. 27 ashu March 23, 2011 at 4:50 pm

    Respected sir,
    I opreted my heart in the junary 2010 and my wife loddge FIR u/s498a,406,323 i p c against me and my family members in june 2010 ,the main considered points in my favor in FIR as under:

    1.That the ocrence steted regard mentaly and phiscialy harssment and regard ,demand of dowery and sated that after it she leave up my home,and regarding breach of trust. in the FIR at my home in the month of march at that time,I was on the bed rest recommended by doctors,and not able to maintianed himself.
    2.That the 2nd occrence stated at my in laws home (her home )regerding ,sipmle hurt and demand of dowery in the FIR,but in the divorce petition she stated that my husband came at my home and threat to commite suicide ,and he demands dowery .

    In the above curcumsentences ,wheather concidered cercumstancial evidence queshing FIR u/s 482 cr p c can be made by high court of rajasthan

  20. 28 Geever March 30, 2011 at 6:36 am

    I require a legal opinion ,iam ceo of global group of companies, my passport was lost 10-10-2004, i had filed FIR for loss of passport and paper advertisement , received back passport after paying 20k to agent , and traveled after till 2006 when applied for renewal i have received form pp office that somebody have misused the pp in Mumbai, went to Mumbai and searched the records in Andheri to get the crime no and details , was shocked to know that somebody have misused and i was wanted accused in the above case, when to sessions and received anticipatory bail and waited for three months to file supplementary charge sheet, but there is lot of undue delay in filing charge sheet.the sessions judge specifically in the order mentioned Iam innocent .after lot of reminders to Sagar police station insisting to file charge sheet nothing is happening to file charge sheet.can i file petitions under sec 482 to quash the charge sheet in high court mumbai.My travel is very urgent for business and Iam income tax holder for 15 yrs I am holding 3 companies in chennai .pl help

  21. 29 amit kumar singh April 13, 2011 at 1:14 pm

    Plz suggest ways to quash the false 498a

    • 30 ps March 28, 2013 at 5:23 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  22. 31 anil August 19, 2012 at 8:55 am

    Can I go to high court u/s 482 for quashing charge sheet which has been filed in lower court u/s 120B? Please reply.

    • 32 Ashim Shridhar October 21, 2012 at 2:44 pm

      One can always approach the High court for quashing of charges but with respect to a case filed u/s 120B chances of getting relief from the high court are small.

  23. 33 Anonymus August 24, 2012 at 5:13 am

    Can any One Tell me what Exactly is it. I am not able to under stand the order.I am not sure my lawyer is making me fool or something.Please help me.

    Hon’ble R******
    Heard Shri Hari Om Singh, learned counsel for the applicants and learned A.G.A. for the State and perused the record.
    The applicants, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the criminal proceedings in case ****of 2012, (State Vs. S**** S***** & ors) under Sections 323, 504, 506, 498-A IPC., & � D.P. Act, Police Station Baraur, pending in the Court of Judicial Magistrate, B*****pur, R******r. A further prayer has been made to stay the further proceedings of the aforesaid complaint case.
    It is contended by learned counsel for the applicants that in pursuance of the order passed by this Court on 18.1.2012 in criminal misc. writ petition No. **** of 2012 which was filed by the applicants and others, this Court directed the parties to appear before the Mediating Agency in pursuance of which the applicants have been issued notices by Additional Civil Judge, (Senior Division), Mediation Centre, on 29.6.2012. The learned counsel for the applicants further submit that 27.8.2012 is the next date fixed before the Mediation Centre. The applicant No. 1 further undertakes to appear on the said date before the Mediation Centre and amicably settle the matter as directed by this Court.
    In the aforesaid circumstances, it is directed that the proceedings of the present criminal case as mentioned above shall remain stayed for a period of one month w.e.f. 27.8.2012 during which� the mediation process� shall be concluded by the Mediation Centre, . If the applicant No. 1 fails to appear on the said date, the interim protection granted by this Court shall automatically stands vacated and the Trial Court shall proceed in accordance with law.
    The application is disposed of.

  24. 34 Ashim Shridhar October 21, 2012 at 2:41 pm

    The Hon’ble court has directed you to appear before the mediation centre on the date fixed i.e 27.08 2012 . And with effect from 27.08.2012 the proceedings before the trial court will be stayed in the hope that a compromise is reached between both the parties so that the offence can be compounded. Also you are required to comply witht he mediation proceedings and in the event of your non compliance the stay on proceedings before the trial court will automatically come to an end and you will have to proceed with the trial.

    Ashim Shridhar
    Advocate

  25. 35 Daniel Thorat December 8, 2012 at 5:53 pm

    The inherent powers of the Hon`ble High Court will, for ever, remain unexercised if there is an overcautious approach and reticence on the part of the Hon`ble High Court, with directly relatable undesirable consequences. It is clear from Section 483 Cr.P.C. that if the duty cast upon the Hon`ble High Courts is diligently performed, the abuse of the process of any lower court will be substantially reduced because the abuse of the process of court begins when a Magistrate takes cognizance of a FALSE and FRAMED UP FIR, without applying his judicial mind. Once this major flaw is committed because of inadequate superintendence exercised by the Hon`ble High Court, the Hon`ble High Court is called upon to exercise its inherent powers u/s 482 Cr.P.C. At that stage, any scholarly word-splitting or intelligent elucidation on those inherent powers remains purely academic and fails to help meet the ends of justice.

    • 36 ps March 28, 2013 at 5:23 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

    • 37 shivinder pal sangrur March 31, 2013 at 5:51 am

      482 crpc for Quash of order of lower court when order are illegal and lower court has no juridiction to entertain and order on such matter only then u can take the help of section 482 crpc

  26. 38 Prashanth December 19, 2012 at 4:57 pm

    Guys,

    BEWARE OF FALSE 498A.!!

    One more victim in this growing chain of false 498A. Please read it..

    I’m prashanth working as a software engineer in Chennai. I met her in 2008 and she is also working. We both fall in love after that our parents also accepted for arranged marriage. Marriage happened in my home town and I have taken care for marriage expenses and so on. My parents are permanently residing in my home town. My parents were used to come to Chennai for every six months once.

    She is having some psychological mental problems. Because she used harm herself and threaten me that she will commit suicide. I got shocked and informed to her parents who advised me to adjust and go (What a horrible people). Because she is like that only and they can’t able to control her anger.

    I was thinking that she will change her behavior after giving birth then we blessed girl baby. But no change in her behavior. I asked to her to resign her job temporarily to take care my kid. But she refused to resign her job and started corralling with me. Then she left my home.

    After one year she gave a false complaint against my family under section 498A of IPC. Police arrested me after that I got bail for me and my parents. Then I applied Quash to 498a, 406,506 II in High Court. The case is still pending with high court now. We haven’t received the copies in lower court. Trial is yet to be happening.

    My Queries:

    My parents are residing in my home town. I did not apply any divorce till now. I hope the case will be quashed. I’m waiting for positive result for last one year. But

    Chances are there for quashing?
    I don’t have any medical report to prove that she is having psychological problems.
    Many gaps are there in her complaint. Will it help to the case?
    Usually quash how long it will take?
    The false 498a case proves in high court, and then they will get any punishment like I got atleast?

    Please share your valuable points and comments to save my self and my parents.

    Definitely the law will be changed one day.

    Thanks
    Prashanth
    freeyavdo@gmail.com

    • 39 ps March 28, 2013 at 5:22 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

    • 40 ashim shridhar adv.. April 30, 2013 at 7:02 pm

      Well quashing would be possible depending upon the loopholes in her complaint. But if you could also place the documents regarding her medical record your chances of obtaining relief will increase manifold.However you will have to apply for divorce separately. I would suggest you obtain a decree of divorce by mutual consent, that in itself will then become a ground for quashing of charges.

      • 41 prashanth July 17, 2013 at 7:32 pm

        Dear ashim,

        Thanks ! Sorry for my late reply.

        I will try to proceed mutual consent. If there is no scope for mutual consent, what is the other alternative?

        how mutual consent will help us to quashing the charges? please explain.

        thanks
        Prashanth

  27. 42 satish tendolkar January 18, 2013 at 2:47 pm

    issuance of process against me u/s 500 ipc for interview of mine in news paper which i have not given. In private complaint , complainant has not made the publisher nessary party….what to do? Shall i go in for sec 482 of crpc

    • 43 ps March 28, 2013 at 5:21 pm

      Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  28. 44 ps March 28, 2013 at 5:20 pm

    hello everyone ,
    Please vgoogle save indian family foundation, family-hormony.org and visit local mebers of the NGO. thye will answers all your questions.

  29. 45 flyer printing April 10, 2013 at 4:19 am

    Hey I know this is off topic but I was wondering if you knew
    of any widgets I could add to my blog that automatically tweet my
    newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.

  30. 46 sanjay j sanghavi October 21, 2013 at 6:39 am

    dear sir my wife 3rd JULY 2010 HINDU MEREG ACT 1955 SECTION13(1)IA PITISION FILE ON DIVORCE PENDING ORAL AND CONTRADICTION STATEMENT MY WIFE DV ACT 2005 SECTION 12 WITH INTRIAM MENTANACE APLICATION FILE ON 20 NOV 2010 JUDGE VITHIUT CONSIDRING WIFE INCOME ORDRE AS PASS 1000 MENTANACE & JO MERAKHNA NAHI CHATA HU TO 1000 ADISNAL ORER DATED 27 SEP 2011 MY RISTUGUNJUGAL RIGHT U?S 9 IS PENDING ON JAN 2011 IS PENDING LOK ADALT IS MY FEVOR ORDER ON MAY 2011 ON FAMALY COURT PANAL THAN AFTER SECTION 24 HINDU MEREGE ACT WIFE APLICATION DISMISSED IAM A HC MUMBAI ON QUSING THE PITISION CRPC 482 IS MENTANABLE IS MERIT STATNDON DV ACT DISMISSED
    PLZ YOUR RIPLY TO ME
    PLZ URGEMNTLY

  31. 47 Nain Singh March 9, 2014 at 1:06 pm

    I have 4 questions:

    1.
    I would like to know when can 482 Cr.P.C. be filed in Hon’ble High court,
    Is it:
    (a). before framing of charge sheet
    (b). after framing of the charge sheet.
    (c). Before or after zirah (Bahas), with compainant and witnesses.

    2. Is there any limetation on when we can file the 482 Cr.P.C quash petition, or is it that we can file 482 Cr.P.C. quash petition at any time of the trial in civil court..

    3. Also tell me if someone miss to file it (482 Cr.PC quash petition, in Hon’ble High Court) during the trial period in civil court, can he/she file it (482 Cr.PC quash petition, in Hon’ble High Court) after the case is challenged in High court.

    4. Can we go to high court u/s 482 for quashing charge sheet which has been filed in lower court u/s 120b,498,366,323,504,,506. while as all charges are totally fake please help us by replying.

    • 48 Nain Singh March 9, 2014 at 1:10 pm

      Respected sir, I have 4 questions:

      1.
      I would like to know when can 482 Cr.P.C. be filed in Hon’ble High court,
      Is it:
      (a). before framing of charge sheet
      (b). after framing of the charge sheet.
      (c). Before or after zirah (Bahas), with compainant and witnesses.

      2. Is there any limetation on when we can file the 482 Cr.P.C quash petition, or is it that we can file 482 Cr.P.C. quash petition at any time of the trial in civil court..

      3. Also tell me if someone miss to file it (482 Cr.PC quash petition, in Hon’ble High Court) during the trial period in civil court, can he/she file it (482 Cr.PC quash petition, in Hon’ble High Court) after the case is challenged in High court.

      4. Can we go to high court u/s 482 for quashing charge sheet which has been filed in lower court u/s 120b,498,366,323,504,,506?. while as all charges are totally fake and we have a lot of witness against the charge and our case is under trail in lower court. the matter is of the year 2013 please help us by replying.

  32. 49 vicky May 26, 2014 at 3:55 am

    hello sir ,case has been filed against me in college time and 2 friends of mine under ipc 324 and it is now 2.5 years case has been filled we go to court but other party never appeared in the court ,sir iam very depreesed i have to do govt job and also to apply for passport ,sir this small case will ruin my career ,as it was not from our side they were also the culprit but we didnt knew anything tht time sir plz help me

  33. 50 sanjay sanghavi August 5, 2014 at 10:02 am

    dear sir
    plz u sent me urgent judgement

    wife is divorce pitision file section 13(1) ia all aligation
    1 contradiction statement
    2 oral statment
    3 no doc ment avidance
    4 no vitness
    plz pitision dismised i am a argyument on 13 aug plz imidatly sent me rileted judment
    my u/s 9 ristucation pending

  34. 52 sanjay sanghavi August 5, 2014 at 10:03 am

    divorce case kabhi file karsakte hay wife ghar chodke gayi or one month me case file ho sakta hay low kya hay plz riply my e mail id


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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