Quashing 498a Case Guide

Summary

Section 498A of the Indian Penal Code addresses cruelty towards married women by their husbands or relatives, including dowry harassment and mental harm. To quash a 498A case, one can file a petition under Section 482 of the Code of Criminal Procedure, citing reasons such as no prima facie case, malafide intent, and lack of evidence. Relevant judgments like Arnesh Kumar vs. State of Bihar emphasize careful scrutiny of such cases to prevent misuse. The petition should be filed in the High Court, detailing the facts, grounds for quashing, and referencing judicial precedents.

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what 498a ipc

Section 498A of the Indian Penal Code (IPC) deals with the offense of subjecting a married woman to cruelty by her husband or his relatives. It includes:
- Harassment for dowry
- Any form of physical or mental harm
- Actions driving the woman to suicide
Are you seeking information on how to file a 498A complaint or need guidance on a related issue?

act as a senior high court advocate and draft a petition for quashing of 498A case with relevant judgements

IN THE HIGH COURT OF [Your State]

[Name of the Petitioner]

# Petitioner
Versus

[Name of the Respondent]

# Respondent

CRIMINAL MISC. PETITION NO: [Petition Number]
Under Section * of the Code of Criminal Procedure, *
In the matter of quashing of FIR No. [FIR Number] dated [Date] registered under Section 498A of the Indian Penal Code, * at [Police Station Name], [Location].
To,
The Hon’ble Chief Justice and His Companion Justices
of the High Court of [Your State]
The humble petition of the Petitioner abovenamed
MOST RESPECTFULLY SHOWETH:
*. Facts of the Case:
- That the Petitioner is [Brief Introduction of the Petitioner].
- An FIR was lodged by the Respondent against the Petitioner under Section 498A of IPC on [Date].
- The allegations made in the FIR are false and baseless, and the same have been made with an ulterior motive to harass the Petitioner and his family members.
*. Grounds for Quashing:
- No Prima Facie Case: The allegations in the FIR do not disclose any cognizable offence against the Petitioner.
- Malafide Intent: The FIR has been lodged with a malafide intention to harass and coerce the Petitioner.
- Lack of Evidence: There is a lack of evidence to substantiate the allegations made in the FIR.
- Judicial Precedents: Reference to relevant judgments:
- Arnesh Kumar vs. State of Bihar (*) * SCC *: The Supreme Court held that arrest in 498A cases should be the exception, not the rule.
- Geeta Mehrotra & Anr vs. State of U.P. & Anr (*) * SCC *: The Supreme Court quashed the 498A case where the allegations were found to be motivated and without supporting evidence.
- Preeti Gupta & Anr vs. State of Jharkhand & Anr (*) * SCC *: The Supreme Court emphasized the need to scrutinize 498A cases carefully to prevent misuse.

*. Prayer:
- That this Hon'ble Court may graciously be pleased to quash the FIR No. [FIR Number] dated [Date] registered against the Petitioner under Section 498A of the IPC at [Police Station Name], [Location].
- Any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the Petitioner.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
Place: [Your Location]
Date: [Date]
Signature:
[Name of the Advocate]
[Designation], [Bar Council Membership No.]
[Contact Details]
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