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
_____________________________________
Very good post Vinayak. This should help many victims understanding the timing of the filing the Quash petitions.
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.
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
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
Manas,
When his in-laws are supporting you and your family, then where is the problem?
MG
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.
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.
Sir, intimate to the court regarding harassment of the police officials and to the higher authorities of police officers.
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 .
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.
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
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
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
Sir,
You try to quash the FIR under section 482 of the code of criminal procedure
u got only bail not release, from the case.so u file quash petition under section 482cr.p.c in high court.
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.
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
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
hi Rohit,
please contact me at my mail id rachit.jn@gmail.com.
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
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
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.
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 ?
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
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
Plz suggest ways to quash the false 498a