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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IPC 498A 
This is a very informative piece of news.Kindly focus n the 498a section more.
lobo
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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?
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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
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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
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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
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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
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Thanks for giving this judgement, my case is pending since 2003 in trial. Can I quash this 498a? Please reply ASAP.
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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.
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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
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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,
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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.
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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.
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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 !!
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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
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THANKS FOR GROUNDS
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am also entangled in 498a,307,325&34 sections fir lodged(false) by my elder brother’s wife. please help.
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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?
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Hi there colleagues, its wonderful piece of writing about
teachingand entirely explained, keep it up all the time.
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I’m not sure why but this weblog is loading very slow for me.
Is anyone else having this problem or is it
a issue on my end? I’ll check back later on and see if the problem still exists.
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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
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Connect exchange is nothing different however it is simply
positioning the other person’s blog website link on your page in ideal room and various other person will also carry out exact same for your family.
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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?
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I would like to consult you on 498a
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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
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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
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M.PAZHANIVEL60/’16 @
PUNDIT MUTHU PAZHANIVEL RATNA
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