Skip to content
Home » All about FIR Quashing in High Court – Instant Remedy against False 498a FIR.

All about FIR Quashing in High Court – Instant Remedy against False 498a FIR.

The average lifespan of a 498a case is not less than 5 – 7 years, and the dates between two hearings is usually 2 – 3 months. While the case is being instituted the High Court has powers to Quash the FIR registered against the one or all the accused, if the court believes they are innocent and falsely implicated.

Further, once the FIR is quashed in the high court and

  • If you suspect any public servant knowing the actual circumstance and the facts of the matter, is helping your wife misusing his/her power, you can register a complaint under section 167 of IPC. If proven such authority / public servant can be imprisoned for a term up to 7 years or fine or both under section 219 and 220 of IPC.
  • If your spouse has provided, with complete knowledge, false information to the police to use their power to injure you and your family, you can exercise the remedy invoking sec 182 of IPC.
  • If you believe your wife has produced false evidence, you can file a case under Section 191 of IPC.
  • If there is any document or a certificate that is incorrectly produced or forged section 197 and 471 can come to your rescue.
  • File a complaint under section 211 IPC, whereby the wife who has made false allegations and lodged fabricated FIR shall be punished for a term up to two years of fine or both.
  • You can also File a suit for compensation under section 250 CrPC for being subjected to an accusation that carried no reasonable cause.
  • You also can find justice invoking section 500 (Defamation), 504 (Insult), 506 (Intimidation) and a civil remedy for damage recovery under section 9 of CPC.
  • a False 498a is also a ground for divorce, the husband suffering Cruelty from his wife.

But more importantly the innocent husband and in-laws should ensure to safeguard themselves with an anticipatory bail so that they don’t go behind bars without any just cause. It is time and again observed that 498a invoked by the wife against husband and in-laws suffer as victims of the vengeful daughters-in-law of their house. You also can file an application to the Magistrate under section 156(3) of CrPC for proper investigation including monitoring the same.

The Procedure to Quash the FIR – 498a

False FIR against husband and in-laws tarnishes their social status. Being framed with criminal charges, and putting up with police interrogation, is possibly the terrifying nightmare a respectable family can experience. False FIR
registrations are rising at an alarming rate, approximately 64,000 men committed suicide reports a statistic published by National Crime Record bureau a decade back and the numbers continue to grow.

“There is a remedy in law, High court has powers to Quash the FIR”

There are two circumstances when the parties approach the High Court to quash the FIR.

  1. When Husband and Wife enter a compromise
  2. When the Husband / In-Laws believe a False FIR is pressed against them

In the first circumstance, when both parties enter a compromise, a Joint Petition is filed under section 482 of CrPC along with a consent affidavit and the settlement arrived during divorce gets filed and the FIR is quashed.

In the Second circumstance when the Husband / In-Laws believe the FIR is false, they are on Bail and there is no settlement reached with the wife the procedure is as follows:

  1. Your Lawyer files the petition in the High Court Under Section 482 CrPC
  2. Serves the copy filed to the Opposite Party / Opposite Counsel
  3. The Opposite Party / Counsel may or may not file objections
  4. Your Lawyer presents arguments citing contentions to be Quash the FIR
  5. The Opposite Counsel presents his/her arguments too
  6. The court once satisfied with the arguments, exercises its inherent power to Quash the FIR after scrutinizing the facts and circumstances of the case.

Some (FAQs) Frequently Asked Questions about Quashing of FIR

Here are some common questions clients ask when they come to meet me and discuss about Quashing of the FIR. As a practicing Lawyer in Bangalore, both Family Court and High Court of Karnataka, for the benefit of my readers, here below is the compilation of the FAQs with respect to Quashing of FIR.

  • At What Stage can an FIR be Quashed?

The Delhi High Court, in its recent landmark judgement Mr Abhishek Gupta & Anr v. State of NCT of Delhi & Anr. in CRL.M.C. 1064/2022 & CRL.M.A.4586/2022 and cited in 2022 LiveLaw (Del) 213 held that the FIR and Chargesheet Can Be Quashed If Allegations Or Evidence Do Not Establish Commission Of An Offence.

  • Under What Circumstances FIR Can be Quashed?

The High Court can exercise its inherent powers under Section 482 if you can prove that the reason to quash the fir is

    • to secure the ends of justice or
    • to prevent an abuse of the process of any court
  • In Rakhi Mishra v. State of Biharthe Apex Court held that the High Court could exercise its inherent powers under Section 482 of Cr.P.C. in exceptional circumstances only.
  • Can the Police Remove the Names of Family members who are falsely accused from the FIR?

No, the Police cannot remove the names of the members from the FIR, but yes, during investigation if they happened to find them not guilty, the names are dropped form the charge sheet.

  • Can the Police quash / close the FIR?

No, the Police cannot close / quash the FIR., It can submit a B Report stating the findings of investigation and concluding that the FIR is filed maliciously and there is no evidence against the accused. Or a C Report stating that the FIR is registered due to misunderstanding between the parties. Once the Court is satisfied with the content, the matter rests.

  • Can a Charge Sheet be Quashed?

Yes, if there is sufficient cause that does not disclose the commission of offence, then both the FIR and Chargesheet can be Quashed by the high court.

  • What happens if I don’t wish to move to High Court to Quash the FIR

If you don’t move to the high court to Quash the FIR, you will continue to face the police investigation, the charge sheet is prepared and charges get framed, post that the trial runs in the court. If you are found guilty you will be convicted, and if found not guilty you will be acquitted. You have a right to appeal if the judgement is not in your favour.

Conclusion

We live in a society where people start judging us even before the court’s verdict. Many at times the question one asks himself / herself is why it is hard to get true justice, is it because our law believes us to be “Innocent until proven guilty”. If so, why are so many undertrials behind bars waiting for their turn to be heard. Why is the society becoming a judge, why is law slow, why is Justice delayed … and many more questions ponder us often, especially in matters that are filed to settle scores and are vengeance driven…

I, based on my experience, vouch, if there is a False FIR registered against you, after taking a Bail, the next
immediate step should be to move to the high court with out any delay and file for Quashing, if not the husband, there are bright changes for the family members name to be dropped.

Feel free to write to us at mail@lawersonia.com or call at +91 9845944896 if
you wish to consult or discuss your matter. Sonia and Partners is a Boutique Law Firm led by Adv. Sonia Rajesh supported with a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving both Citizens of India and Oversees Indians / NRIs.

    REQUEST A CONSULTATION