498A FIR Quash in Punjab & Haryana High Court

498A / Section 85 BNS Quashing

Quashing Matrimonial FIRs Before the High Court

Cases commonly described as 498A matters may involve Section 498A IPC for older FIRs and Section 85 of the Bharatiya Nyaya Sanhita, 2023 for newer allegations of cruelty by a husband or his relatives. Quashing is generally sought before the High Court where the FIR, complaint or criminal proceedings are alleged to be an abuse of process, or where the matrimonial dispute has been settled and the legal requirements for quashing are satisfied.

Advocate Vivek Malhotra assists with review of the FIR, settlement documents, pending divorce or maintenance proceedings, compromise terms, affidavits and the High Court petition for quashing.

Common quashing situations

• Compromise between husband, wife and family members after settlement.
• Mutual consent divorce settlement requiring closure of connected criminal proceedings.
• Allegations that are vague, omnibus or not supported by the case record.
• Proceedings where continuation may amount to abuse of process.
• Connected dowry, domestic violence, maintenance or custody disputes requiring coordinated strategy.

Documents usually reviewed

• Copy of FIR, complaint, challan or court orders.
• Settlement deed, mediation settlement or divorce agreement.
• Identity documents and relationship details of accused persons.
• Proof of payment, return of articles or completed settlement terms.
• Details of connected matrimonial cases in Punjab, Haryana or Chandigarh.