Can I approach Delhi High Court to quash 498A FIR?
At this stage, considering the recent Supreme Court ruling of Nitin Ahluwalia vs The State of Punjab (18 September, 2025), I am thinking of filing an application in the Delhi High Court to quash the FIR under Section 498A. She filed the 498A case after 4 years of separation. She filed the 498A case after 3.5 years of me filing the divorce application. She herself initiated divorce proceedings in Canada in June 2019 by sending me a notice. She filed the 498A case in retaliation to my warning not to touch my ₹12 lakh, and that was within 10 days of my warning. She never participated in the divorce case I filed, and the divorce has already been finalized since November 2024. She has been an NRI for the last 16 years, and our marriage lasted for 25 years. Without going into the merits of the 498A case allegations, can I request the High Court to quash the FIR since it appears to have been filed in retaliation, with the sole purpose of intimidating me and my relatives?
You can approach Delhi High Court under Section 482 CrPC/ 528 BNSS to quash the FIR, especially if it is retaliatory. Submit evidence of divorce, delay in filing, and abusive intent. Courts can stay investigation or quash FIR if convinced that it is malicious and meant to harass you or your family. For further legal assistance contact us on our helpline number.
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