Quashing of criminal matters arising out of matrimonial cases

Quashing of criminal matters arising out of matrimonial cases means to put an end to the legal proceedings. When a false case is filed against the husband and his family, he can approach the high court under section 482 of Criminal Procedure Core. For eg if the wife lodges an FIR under section 498-A of IPC the police has the right to arrest the husband and his family anytime. If the husband and wife have resolved the matter through a settlement even then the police can arrest the husband and his family.

Court Marriage

In this case the husband has to approach high court in order to quash the FIR filed against him and hisfamily.

In Dhanlakshmi v R. Prasana Kumar the court held that to prevent abuse of the process of the court, High court in exercise of its inherent powers under section 482 could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive.

We here at Chaklan and Associates provide assistance in Quashing of criminal matters.

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