498A QUASH HIGH COURT KAISE KARTA HAI AAJ JAANIYE: MERE 7 HIGH COURT KA EXPERIENCE
ฝัง
- เผยแพร่เมื่อ 7 ก.พ. 2025
- Thanks for watching this video
Please like the video and Subscribe the channel for regular interesting legal updates
ARTICLE:
lexspeak.in/20...
Subscribe Newsletter - lexspeak.in/ma...
Advocate Nitish Banka
WhatsApp : 9891549997 (Legal Advice)
nitish@lexspeak.in
Visit - www.lexspeak.in
LinkedIn - / nitish-banka-30892b75
Whatsapp 9891549997 legal advice
@lexspeakLegal
I m from ghaziabad. Wife, humare bacche ke sath 24july2022 ko apni bua ke yaha gayi thi ,jo ghaziabad me hi hai, waha ja kar woh wahi se apne mayke kanpur chali hai. Humne call par, Milne bhi gaye lekin aane se mana kar diya. Aur bolne lagi ki yaha mere papa ke sath aa kar raho, me ghaziabad nahi aaungi. Kyuki Mera koi sasur ji ka koi beta nahi hai, sirf daughters hai. Jiski call recording mere paas hai . Humne har tareeke se manane aur wapas laane k liye force Kiya but woh nahi maani, fir 2 mahine wait Karne ke baad section 9 September me daal diya, jiska notice wife ko October 15th 2022 me receive hua aur unn logo ne ek jhoothi complaint bana kar 21 oct 2022 ki ghatna dikha kar, 23 oct 2022 ko humare poore family par FIR kar di. Iss FIR ki jaankari hume March 2023 me mili jab me online kuch search kar raha tha, then turant hum high court gaye aaur waha se guidelines issued karwa laaye "for not to take any arrest action and serve the notice for be the part in inquiry". 21 oct 2022 12:30pm ko mujhe mere dono bhaiyo ke sath waha kanpur me hona darshaya gaya hai, ki maine unke Ghar aa kar meri wife se divorce papers par sign karne ko bola aur divorce kanpur court me file karne ko bola. ghatna ke din hume waha kanpur me hona bataya gaya hai jabki hum yahi apne ghaziabad me thy, we were doing shopping in ghaziabad for diwali. 21oct2022 Shopping ke baad maine kareeb 1:30pm apne bete aur wife ke liye speed post se parcel bhi bheja. Jo sab record me hai. Maine RTI se video footage bhi Leni chahi lekin post office ne Dene se mana kar diya. SBI ATM me paise bhi deposit kiye the , I have receipt but footage Dene se unhone bhi mana kar diya in RTI.
Saare allegations false hai. Poora shaadi ka kharcha mere papa ne Kiya tha. Na kabhi koi demand ki na kuch liya waha se. Almost 2 saal se na bacche se contact hai na hi madam se. 2 baar IO change ho chuke hai.
Abhi Tak matter inquiry stage me hai.
Kya mere liye quashing me Jana sahi rahega ?
Family quashing? Then my (husband) quashing?
Please guide
Dear Nitish , You must read Supreme court Judgement Achin Gupta Vs state of Haryana . The Supreme court has passed a scathing remark on the high court when the husband has applied for quashing and the opposite party lawyer gave the same arguments that high court can not embarking upon an enquiry as regards the
truthfulness or reliability of the allegations in exercise of its inherent
power under Section 482 of the Cr.P.C. Supreme court said - citing bhajanlal judgment - 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.” The supreme court added " We are of the view that the category 7 referred to above should be
taken into consideration and applied in a case like the one on hand a
bit liberally. If the Court is convinced by the fact that the involvement
by the complainant of her husband and his close relatives is with an
oblique motive then even if the FIR and the chargesheet disclose the
commission of a cognizable offence the Court with a view to doing
substantial justice should read in between the lines the oblique motive
of the complainant and take a pragmatic view of the matter. If the
submission canvassed by the counsel appearing for the Respondent
No. 2 and the State is to be accepted mechanically then in our
opinion the very conferment of the inherent power by the Cr.P.C.
upon the High Court would be rendered otiose. We are saying so for
the simple reason that if the wife on account of matrimonial disputes
decides to harass her husband and his family members then the
first thing, she would ensure is to see that proper allegations are
levelled in the First Information Report. Many times the services of
professionals are availed for the same and once the complaint is
drafted by a legal mind, it would be very difficult thereafter to weed out
any loopholes or other deficiencies in the same. However, that does
not mean that the Court should shut its eyes and raise its hands in
helplessness, saying that whether true or false, there are allegations
in the First Information Report and the chargesheet papers disclose
the commission of a cognizable offence. Further In the same judgement supreme court says " In one of the recent pronouncements of this Court in Mahmood Ali &
Ors. v. State of U.P & Ors., 2023 SCC OnLine SC 950, authored by
one of us (J.B. Pardiwala, J.), the legal principle applicable apropos
Section 482 of the CrPC was examined. Therein, it was observed
that when an accused comes before the High Court, invoking either
the inherent power under Section 482 CrPC or the extraordinary
jurisdiction under Article 226 of the Constitution, to get the FIR or the
criminal proceedings quashed, essentially on the ground that such
proceedings are manifestly frivolous or vexatious or instituted with the
ulterior motive of wreaking vengeance, then in such circumstances,
the High Court owes a duty to look into the FIR with care and a little
more closely. It was further observed that it will not be enough for the
Court to look into the averments made in the FIR/complaint alone
for the purpose of ascertaining whether the necessary ingredients
to constitute the alleged offence are disclosed or not as, in frivolous
or vexatious proceedings, the court owes a duty to look into many
other attending circumstances emerging from the record of the case
over and above the averments and, if need be, with due care and
circumspection, to try and read between the lines- SO HIGH COURT MUST EXAMINE IN DETAILS AT THE TIME OF QUASHING -
Gajab sir 👍👍👍
Sir HC se 498 A ki FIR ki quesing hone k bad kiya vapash cash widrol k liye lower court Jana padta hai ya nahi
Unless simple language is used in judiciary system comman man will not get justice . If the word like may be considered or may be given like state is given in the judgement things will not get set right. System should consider this seriously.
Sir 104 labour matter 240 days service matter me video bana dejea just like uma devi judgment
Thanks wakil sahab
Mutual Divorce case mein girl 498a withdraw nahi kar rahi hai kya advice hai
A ne B pe fIR kia 2022 .2 month bad B ne A pe zhuta counter case kia..to ky FIR quashing hoga
498A की Quashing u/s 482 CrPC कई वर्षों तक pending रहती है, न्याय प्रणाली ध्वस्त है
Sahi kaha
To dikkat kya hai?
Lower court me pending rahega case
Sahi baat. Sab chor he
Sir, Approximately In how many months the case will be quash?
Adv ji aap ye advice kariye husband ki quashing nhin hogi to uska kya hoga.
Maine highcourt mein 482 ke tahat mother aur father ke liye question dala tha lekin High court ne usme sati de Diya iska kya matlab hai leelaram
498a,377 between husband and wife quash ho jaega?
Hello sir,I want to know that we need quashing of FIR after acquitted from session court.Pls tell me
hello sir mujhe ek query puchni hai aap se 498 ke quashing case me highcourt ne parents aur sister ko stay diya isaka meaning kya hai ? kya isaka fayda mujhe bail cancel karneki case dali hai opposite party ne us par hoga kya?pl bataiye
M sasural me rhna chahti hun but mujhe sasural wale or husband rhne nhi dete. Mere ko physical or mentally torture krte h. Court protection order dekr bhej skta h kya mujhe.
Me and my father in 498 false case hamare 5 relatives ke naam nikal diye police ne abhi mere father ka name nahi nikal rahi court victom avidence ke liye order kiya hai kya krna chaiye hc me quashing krna sahi hai ja nahi case 150 km door jana pad raha hai 😢
Meri shadi may 2019 me hui aur after 4 moneths oct 2019 me wife chali gai ...
Par wife ne false case 2022 me lagaya aur date dali 2021 march .
Hughcourt me sab quash ke liye laga diya par highcourt ne 30k fees ke sath mediation ka order de diya ye quash ho gaya nahi
Sir 498a case 2020mein hua tha. Lower court se 2022 mein comprmise hua hum 8 lack pay kiye. Ex-wife hai lower court mein present nai Hoti hai. Kya 498a high court se quashing hu jaaye ga
Sir aap allahabad high cort me be 482 only relytive
Sir mene mutual divorce wapas liya phir meri patni ne 498a ka case kar diya
Please Sar bataye
Sir in my case police has files chargesheet and removed names of all the relatives... In next week there is charge framing on me, there are no evidence against me and all the allegations are vague... Except one thing police has manipulated my uncle's statement against me which is totally false and my uncle can clear that in front of court..
What is the best option for me either discharge in trial court or chargesheet quashing in high court?
Plz sir advice as considering your expertise your comment will help me and many others.
Thanks
125 crpc maintenance sa kasa bacha government job agar husband hu tu
Lut ha bhai ya vikal
Promotion krne ka accha trika h
Sir namaskar Pl share contact number