SC Explains Conditions For The Quash Of An FIR – 2009

This is a 498A case, Sundar BabuVs State Of Tamil Nadu (CRIMINAL APPEAL NO. 773 OF 2003) – 2009.

Here are the conditions under which an FIR can be quashed:

1  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.

2  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.

3  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.

4  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.

5  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.

6   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.

7  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.

Here is the judgment: SC-FIR-498A-Quash – 2009

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26 Responses to “SC Explains Conditions For The Quash Of An FIR – 2009”


  1. 1 lobo November 18, 2009 at 7:23 am

    This is a very informative piece of news.Kindly focus n the 498a section more.
    lobo

    Like

  2. 2 debu November 18, 2009 at 7:26 am

    Should the wife who accuses falsely the whole family of the victem be taken back at home to stop all the false criminal case on them?

    Like

  3. 3 debu November 18, 2009 at 7:27 am

    Should the wife who accuses falsely the whole family of the victem be taken back at home to stop all the false criminal case on them?
    debu

    Like

  4. 4 Harish HS December 21, 2009 at 11:05 am

    Dear all

    Quashing 498a is not important, any false cases can not b proved. But the mental depression and question of prestige is important. We have to fight for the same. Let us be united and will fight to bring this into Civil law.

    All the best,

    Thanks and regards,
    Harish HS

    Like

  5. 5 hanish July 18, 2010 at 1:19 pm

    Pls stop this money greedy womens other wise no guy wants to marry wid any girl. I m the only son of my parents and in so much depressed wid this case

    Like

  6. 6 hanish July 18, 2010 at 1:21 pm

    Pls stop this money greedy womens other wise no guy wants to marry wid any girl. I m the only son of my parents and i m so much depressed wid this case

    Like

  7. 7 Pavan Kumar November 1, 2010 at 5:21 am

    Thanks for giving this judgement, my case is pending since 2003 in trial. Can I quash this 498a? Please reply ASAP.

    Like

  8. 8 Aashi March 8, 2011 at 2:16 pm

    am also only son of ma parents…my dad is of 74 years nd mom is of 70 years my wife filed total 4 cases on us…includind 498A and 3/4 DP act which treated as a complaint by CJM …nd before getting summon she again filed an FIR of 498A far getting involvement of police.
    i showed all the case papers to police and given in high court lucknow in a Rid…but nothing happens..court only orders of arrest stay but not quashed FIR…so now there are two 498A cases on me one as complaint and other as FIR…..what to do?????????????????? plzzzz suggest we all want to die.

    Like

    • 9 raja January 22, 2012 at 7:18 am

      what a idiot u r ? don’t die,u not born to die,it is chace to prove ur self,u will win it,nothing hapopens,u r not alone,every 4 minutes a 498 a case is been registered.Im going trhrough aswell,be brave ,be strong,im with u,god bless all.no worries man,its a part of life.enjoy

      Like

    • 10 Ashish Gupta April 17, 2014 at 10:16 am

      They are making us animal but they don’t know one day this animal can kill them, if we loss everything than live for what, they left only one way to kill them,

      Like

    • 11 AMARJIT May 22, 2015 at 12:08 pm

      Dear, Just think of your parents.You need to solace your parents. Such people need to be dealt with stern hands and not emotional weakness. Please take care of your parents and your health. Life is given by God. You have no right to take it. God will take care of the rest.

      Like

    • 12 muralikrishna July 16, 2015 at 11:27 am

      its not a solution,in this world your problem is even not consodered as a problem when compared to some problems.Be brave,fight for justise sincearly,just dont give up.

      Like

      • 13 neha August 22, 2016 at 7:53 am

        yupz i totally agree with muralikrishna… there are many people in this world facing such problemz and more than this… so be brave n fight for it… being emotional iz n run away is not the solution. So go ahead n all the best !!

        Like

  9. 14 AD May 10, 2011 at 4:12 pm

    Hi All.. one can now give definition of 498A as “”Legal way of extortion””

    This law is really pathetic and is causing divorce. If we look back to Our parents, they also lived together and adjusted there habits but they were never be under influence of relatives, especially women, because once a girl comes out of her fathers house she was taught to accept her new parents and family. This may sound as old thoughts but, this is a reality that the lessons which parents gave to their daughter matters a lot, whether it is year 1880 0r 2080. There is a reason why our parents are still celebrating their Anniversary, because the women knows that her husband is the one who will take care of her when she need and vice versa. Its not like husband is god, but he is your love and your better half.

    But things are changed, girls give a damn to a relation and can take care of there own. They dont want a relation and dont want in laws. They want freedom or so called SPACE in life. But they never realized they are killing a Relation by demanding something which is sometime not feasible to every one. She dont want her hubbies parents to live in the same house and dont want to respect them.
    Now putting such cases on husband who used to love her and filling all her demands is surly a cheating and betrayal. Elder parents who enjoyed their life are now facing such shock in the crucial years of their life. No one can imagine their pain and frustration. A girl whom they expect to be a family person tries to break, dis-troy their family. Poor husband, tries to make everything right but fails against SPACE issue and sick mentality. Apart from space issue this law is also used as blackmail and extortion. easy way to earn money or in other words Legal way of extortion. This is a criminal act to misuse such laws.

    Wakeup parents, especially girls parents, give some good thoughts to your daughter. Days are gone when people used to ask for dowry. Husbands are earning well and knows the law and if the girl is also working then let them go and enjoy their life. Dont break if you cant make anyone happy. Life is simple if we make a relation not just for the sake of selfishness. Grow up house breaking girls….

    Thanks.
    AD

    Like

  10. 15 RAJIVGANDHI April 3, 2013 at 10:33 am

    THANKS FOR GROUNDS

    Like

  11. 16 srikant May 10, 2013 at 11:01 am

    am also entangled in 498a,307,325&34 sections fir lodged(false) by my elder brother’s wife. please help.

    Like

  12. 17 Aakanksha November 25, 2013 at 8:18 am

    Dear All,
    What to do when husband and family does not bother to take a wife and child responsibility and keep on taunting about the things she brought with her?

    Like

  13. 18 laptop lifestyle January 11, 2014 at 2:44 pm

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    teachingand entirely explained, keep it up all the time.

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  15. 20 Kalu Ram December 18, 2014 at 3:31 pm

    Hi

    Please advice, FIR has filed against, me but we have filed divorce and I have paid the 1st motion money, and 2nd motion will be after 6 months, but because of court strike and lok adalat date has delayed another one month mean its now total 7 months, so now they(girl side) people are trying cancel the bail but, next instalment dd is ready and in my hand i am ready to pay, but its one month delay not from my side but.. because of some unavoidable circumstance like court strike etc..

    AM i safe or they can do something against me ?

    One most important, in FIR 4 people name were there at the time of FIR quashing all people will require in high court because my father is very old suffering heart diseases may be he cannot come because of cold??

    Please advice
    Thanks
    Kalu

    Like

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  17. 22 Yathiraj February 4, 2015 at 2:07 pm

    498 a is like a modern devil. Its spoil thousands of innocent family. Lets some one need to make one group to protest against false case and intention girls.
    Some one can help me that how can I come out from this case? How many days take to get quash FIR? Is it possible to quash the FIR after charge sheet?

    Like

  18. 23 suresh May 8, 2015 at 11:52 am

    I would like to consult you on 498a

    Like

  19. 24 Vivek July 28, 2015 at 2:46 pm

    Hl all,
    False 498a sections extortion and blackmail weapon crossing all human, family and emotional limits.

    I am an engineer, my wife is Mca graduate and my mother all are living together.

    My brother and his wife leaving separately. My brother had been herrassing me and my mother for money and property.
    Further brother and his wife criminally conspired together and brothers wife filed false 498a, dp act case with political and police influence, this is one of the rare 498a case where husband (BROTHERS) is not accused. Police Registered this rarest of 498a case to herrass me and my mother by my brother and his wife for property and money. Now they chargesheeted and unnecessary dragging this case in court.

    Please help me,

    Thanks and regards,
    Vivek
    Vivekcb@gmail.com

    Like

  20. 25 lalsingh baghel May 23, 2016 at 7:53 pm

    my village some of mojority caste those over dominant long time .who do many time crime lover mejority poeple (baet,harm many thing evening women rape or distroyed reputation that like so many crime doing there .i suggest to him go to police station for FIR but they don’t know .criminal rule all people those who go to police station angaist they are shoot them . criminal take alcohol then exploitation many poor villager but i try help them so please give me good suggestion

    Like

  21. 26 M. PAZHANIVEL September 26, 2016 at 4:36 pm

    M.PAZHANIVEL60/’16 @
    PUNDIT MUTHU PAZHANIVEL RATNA

    Like


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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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