How can I remove my name from a 498A case?


You can file FIR Quashed petition in High Court before framing of charges. Yes ,You can remove your name from the case before the framing of charges by the process of filling the Quashed Petition in the High Court. An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.

Quash means to nullify, void or declare invalid; to put an end to a legal proceeding. The procedure is used when there is an irregularity or defect in the procedures. Quashing of FIR on the basis of Compromise:
The complainant and accused can enter into a compromise. Both the parties can file a joint petition under Section 482 Criminal Procedure Code for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.

The Supreme Court held that while exercising the power under section 482 of the Criminal Procedure Code, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

Where an application has been filed by a person under Sec 482 of Criminal Procedure Code for getting the FIR quashed, The High court can quash such false FIR if it is against the principle of Natural justice cause a grave miscarriage of justice to the victim.

Reference: Criminal Procedure Code
Section 482



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