FIR Quashing in High Court - Instant Remedy for False 498a FIRs

Introduction

In general, 498a cases are expected to last between 5 and 7 years, and between two hearings, there are usually two to three months between each hearing. If the High Court believes that the accused are innocent and falsely implicated in the FIR, they may have the power to quash the FIR registered against them during the time the case is being instituted.

Upon quashing the FIR in high court and

• If you suspect any public servant, who is aware of the actual circumstances and the facts of the matter, is helping your wife in misusing his/her power, you can file a complaint under section 167 of the IPC. In the event such a violation is proven, the authority / public servant may be imprisoned up to seven years, fined, or both.

• Using section 182 of the Indian Penal Code, you can invoke the remedy if your spouse has provided false information to the police to use their power to injure you and your family.

• According to Section 191 of the Indian Penal Code, you can file a case against your wife if you believe that she has presented false evidence.

• Sections 197 and 471 may be of assistance to you if there are any documents or certificates that appear to have been forged or incorrectly produced.

• The wife should file a complaint under section 211 of the Indian Penal Code, which stipulates that the woman who has made false allegations and lodged fabricated FIR shall be punished for up to two years of fine or both.

• Alternatively, you may file a suit for compensation under section 250 CrPC for being subjected to an unfounded accusation.

• Additionally, you may have recourse to section 500 (defamation), 504 (insult), 506 (intimidation) and section 9 of the Civil Procedure Code for damages recovery.

• False 498as are also grounds for divorce, if the husband suffers cruelty from the wife.

The innocent husband and his in-laws should also ensure that they are protected by a secure anticipatory bail, ensuring that they do not end up behind bars for no good reason at all. In spite of the numerous observations made by the wife, it has repeatedly been observed that the wives who invoke 498a against their husbands and in-laws suffer as victims of their vengeful daughters-in-law. The Magistrate can also be contacted under section 156(3) of the CrPC in order to request a thorough investigation, including monitoring, by filing an application.

Procedure for quashing an FIR - 498a

False FIRs against their husband and in-laws tarnishes their social status. Being accused of committing a crime and going through police interrogation can be one of the worst nightmares that a respectable family can endure. A statistic published by the National Crime Record Bureau a decade ago indicates that there were approximately 64,000 suicides reported in the country a decade back, and the numbers continue to rise. False FIR registrations are on the rise at an alarming rate.

“FIRs can be quashed by the High Court”

High Courts quash FIRs in two situations.

1. Compromise between husband and wife

2. The husband or in-laws believe that a false police report has been filed against them

The settlement reached during divorce is filed and the FIR is quashed after a Joint Petition is filed under section 482 of CrPC in the first case.

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

1. The petition is filed in High Court under Section 482 CrPC by your lawyer

2. Opposing Party/Opposing Counsel is served with the copy filed

3. Objection may or may not be filed by the Opposite Party / Counsel

4. Lawyer presents arguments to quash the FIR, citing contentions

5. Opposing counsel also presents their arguments

6. After scrutinizing the facts and circumstances of the case, the court exercises its inherent power to quash the FIR once satisfied with the arguments.

For quashings, there are (Question and Answers) Q&A

Here are some common questions clients ask when they meet me and talk about quitting the FIR. For the benefit of my readers, I've compiled a list of FAQs on quashing FIR that I practice in Bangalore, both in the Family Court and the High Court.

How can an FIR be quashed?

According to the Delhi High Court, in the recent landmark case Mr Abhishek Gupta & Anr v. State of NCT of Delhi & Anr. According to CRL.M.C. 1064/2022 and CRL.M.A.4586/2022, as cited by 2022 LiveLaw (Del) 213, an FIR and Charge Sheet may be quashed if the allegations or evidence do not establish an offence.

When is a FIR liable to be quashed?

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

• For the purpose of securing justice Any court's process should be protected from abuse

• The Supreme Court of India held in Rakhi Mishra v. State of Biharthe that the High Court could only exercise its inherent powers under Section 482 of the Cr.P.C. under exceptional circumstances.

• Does the police have the ability to remove the names of family members falsely accused from the FIR?

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

• The police may be able to quash or close the complaint?

Neither the Police nor the Court can close or quash the FIR. However, it can submit a B Report which states the findings of the investigation and concludes that the FIR was filed maliciously and there is no evidence against the accused. It is possible for the Court to determine that the FIR was filed due to misunderstandings between the parties. Once the Court approves the report, the matter can be resolved.

• How can a charge sheet be quashed?

The high court may quash both the FIR and Charge Sheet if there is sufficient cause that does not disclose the commission of the offense.

• FIR quashed, but I don't want to move to High Court

The police investigation will continue if you do not move to the high court to quash the FIR, charge sheets are prepared, charges are framed, and a trial will then be conducted in court. In the event of conviction, you will be convicted, and in the event of acquittal, you will be acquitted. If the judgement does not favor you, you may appeal.

Conclusion

Our society is characterized by judging us even before the verdict of the court. A common question one asks themselves is why it is so difficult to obtain true justice. If so, why are so many undertrials behind bars waiting for their chance to be heard, if our law believes that we are innocent until proven guilty. The society becomes a judge, the law is slow, the justice system is slow. and many more questions ponder us often, especially in cases that settle scores or are vengeance oriented. Upon taking a bail after a False FIR registered against you, you must move immediately to the high court and file for quashment. If not the husband, chances are good for dropping the name of the family member.