False 498a FIRs quashed in high court - Instant remedy

Introduction

A 498a case typically lasts five to seven years, and between two hearings, two to three months usually pass. In cases where the High Court believes that the accused are innocent and falsely implicated in the FIR, they may be able to quash the FIR registered against them when instituting the case.

Upon quashing the FIR in the high court,

You may file a complaint under section 167 of the IPC if you suspect that any public servant is misusing his/her power based on the actual circumstances and facts of the matter. If such a violation is proven, the authority / public servant may be sentenced to up to seven years in prison or fined.

The Indian Penal Code provides you with a remedy if your spouse has given false information to the police so that they may use their powers against you.

The Indian Penal Code provides that you can file a case against your wife if you believe she has presented false evidence.

Documents or certificates that appear to have been forged or incorrectly produced may be of assistance to you under Sections 197 and 471.

According to section 211 of the Indian Penal Code, the wife who lodges a false complaint and files a fabricated FIR may be punished with up to two years in jail or a fine.

The other option is to sue for damages under section 250 CrPC for being subjected to an unfounded accusation.

Additionally, you may be able to recover damages under sections 500 (defamation), 504 (insult), 506 (intimidation) and 9 of the Civil Procedure Code.

When a husband suffers abuse from his wife, false 498as may also be grounds for divorce.

The innocent husband and his in-laws should also ensure that they are protected by a secure anticipatory bail, preventing them from being held in prison without good reason. Despite the numerous observations made by the wife, it has been consistently observed that women who invoke 498a against their husbands and their in-laws suffer as victims due to their vengeful daughters-in-law. You may also request a thorough investigation, including monitoring, from the Magistrate by filing an application under section 156(3) of the CrPC.

FIR quashing procedure - 498a

False FIRs against their husbands and in-laws tarnish their social status. Being accused of committing a crime and undergoing police interrogation can be one of the worst nightmares for a respectable family. It was reported a decade ago by the National Crime Record Bureau that approximately 64,000 suicides were reported in the country, and this number continues to rise. False FIR registrations are increasing at an alarming rate.

High Courts have the power to quash FIRs

There are two situations in which high courts quash FIRs.

• Wife and husband's compromise

• According to the husband or in-laws, a false police report has been filed against them

Upon the filing of a Joint Petition under section 482 of CrPC, the settlement reached during the divorce is quashed and the FIR is quashed.

A second scenario arises when the husband/in-laws believe the FIR is false, they are on bail, and no settlement has been reached with the wife:

• A petition has been filed by your attorney in the High Court under Section 482 of the Criminal Procedure Code

• Copy of the filing is served on the opposing party/opposing counsel

• The opposing party or counsel may or may not file an objection

• The lawyer presents arguments in support of the motion to quash the FIR, including the following arguments:

• The opposing counsel also presents their arguments

• Once satisfied with the arguments, the court exercises its inherent power to quash the FIR.

The (Question and Answers) Q&A is available for quashings

For the benefit of my readers, I have compiled a list of frequently asked questions about quashing FIRs, which I practice in Bangalore, both in the Family Court and in the High Court.

What are the procedures for quashing an FIR?

The Delhi High Court recently decided a landmark case in which Mr Abhishek Gupta and Anr were parties: State of NCT of Delhi v. Abhishek Gupta & Anr. Following CRL.M.C. 1064/2022 and CRL.M.A.4586/2022, as cited by 2022 LiveLaw (Del) 213, an FIR and Charge Sheet can be quashed if the allegations or evidence do not establish an offense.

What is the procedure for quashing a police report?

Upon showing that the reasons for quashing the fir are strong, the High Court may exercise its inherent powers under Section 482

• The process of any court should be protected from abuse to ensure justice

• According to the Supreme Court of India in Rakhi Mishra v. State of Bihar, the High Court can only exercise its inherent powers under Section 482 of the Cr.P.C. under exceptional circumstances.

• Can the police remove the names of family members falsely accused from the police report?

During the investigation, if the Police determines that the members are not guilty, their names will be removed from the charge sheet.

The FIR was quashed, but I won't go to court

The police investigation will continue if you do not move to the high court to quash the FIR. Charge sheets will be prepared, charges will be framed, and a trial will be held. If you are found guilty, you will be convicted, and if you are found not guilty, you will be acquitted. Appeals may be filed if the verdict does not favor you.

Conclusion

The majority of people in our society judge us before the verdict of the court. A common question we ask ourselves is why obtaining real justice can be so difficult. It is, therefore, understandable that so many undertrials are behind bars waiting for their chance to be heard when our law is based on the belief that we are innocent until proven guilty. A society that becomes a judge, a slow legal system, a slow justice system. These questions occupy our minds frequently, especially when there are disputes between parties or when revenge is at stake. The moment you are granted bail following the filing of a False FIR against you, you should move immediately to the high court and file for quashment. If the husband is not involved, chances are good that the name of the family member may be dropped.