Can Fir Filed Under Section 498a Be Quashed?

The High Court can quash a FIR if it believes the person is innocent and has been falsely implicated. A High Court can overturn the FIR because it is a false case and order the police to release the aggrieved person if he has been arrested.

Legal Provision

Section 482 of the Code of Criminal Procedure defines the High Court’s inherent powers. Section 482 of the code states that a High Court has the authority to act in any manner necessary to bring the two ends of justice together. If a person is implicated and accused of a non-compoundable offense, he may approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution, as read with Section 482 of the CrPC. The petitioner bears the burden of proving that the FIR was filed solely for malicious purposes and to cause trouble for him.

The most common cases in which a High Court exercises its authority are Dowry Harassment and Section 498-A (domestic violence). Some women use this to put pressure on their in-laws or husbands, and false cases are frequently filed. The aggrieved person can approach a High Court and ask the court to dismiss the FIR because it was filed solely to defame or trouble him. There have been numerous cases in which an appeal was made to the Supreme Court of India claiming that a specific offense FIR cannot be quashed or that a High Court lacks the jurisdiction to do so. In all of these cases, the Supreme Court has stated unequivocally that Section 482 of the CrPC grants the High Court this power, which cannot be questioned. The High Court can use its inherent powers to dismiss an FIR for any offense if it believes it was required to do so.

Can FIR filed under section 498A be quashed?

It is possible to seek the quashing of an FIR under Section 498A of the Indian Penal Code. Quashing an FIR requires the court to set it aside, effectively declaring it null and void. The process of quashing an FIR requires legal proceedings and is at the discretion of the court. Here are some common grounds for quashing an FIR under Section 498A:

• Insufficient evidence supporting Section 498A charges may lead to the FIR being quashed.
• If the FIR contains false or malicious accusations, the court may consider quashing it.
• If the disputing parties reach a compromise and agree to withdraw the case, the court may consider quashing the FIR.
• Procedural irregularities or violations during the investigation or filing of an FIR may be grounds for quashing it.
• If there is no clear evidence against the accused, the court may dismiss the FIR.
• If the filing of an FIR is deemed an abuse of the legal process or done with malicious intent, the court may invalidate it.

Case Law:

Abhishek v. State of Madhya Pradesh, 2023 INSC 779, The Supreme Court dismissed a woman’s Section 498A IPC case (cruelty) against her mother-in-law and brothers-in-law because her allegations were baseless and improbable.

Given the totality of the facts and circumstances, the court believed that Bhawna’s allegations against the appellants, such as they are, are completely insufficient and, on the surface, do not establish a case against them. Furthermore, they are so ludicrous and unlikely that no prudent person could infer that there are sufficient grounds for prosecution. Allowing the criminal process to continue against the appellants in such a situation would result in obvious injustice. The Bench determined that it was appropriate for the High Court to exercise its inherent power under Section 482 Crpc. to quash the FIR and subsequent proceedings against the appellants.

Bhawna’s claim that her mother-in-law, Kusum Lata, taunted her for wearing a maxi is insufficient to constitute cruelty under Section 498A IPC. The fact that Bhawna did nothing after leaving her matrimonial home in February 2009 and filed a complaint alleging dowry harassment in 2013, just before her husband instituted divorce proceedings, is the most damaging to her case, according to the Court.

A petition for the quashing of an FIR is typically filed before the High Court or Sessions Court under Section 482 of the Code of Criminal Procedure (CrPC). It is important to consult with a qualified criminal lawyer who can evaluate the specific facts of the case and guide you through the legal process.

Lead India provides various legal services, including free legal advice and internet information. We provide a facility in which you can talk to a lawyer and ask legal questions regarding the law here. Lead India’s lawyers can assist you with any legal issues. In India, Lead India provides free legal assistance online. In addition to receiving free legal advice online, Lead India allows users to pose inquiries to experts for free.