Can Section 482 CrPC petition be filed in High Court to remove name from FIR?

[Anonymous]

Sir, is it right information that to remove name from FIR in 498A IPC case one can file Section 482 CrPC petition? Is it possible?? Please reply.

[Dr. Ashok Dhamija]

Making a request for removal of name of an accused from the FIR, is equivalent to making a request for quashing the FIR qua that accused person.

For this purpose, it is possible to file a petition under Section 482 of the Cr.P.C. before the High Court for quashing the FIR qua a particular accused person, i.e., to remove his name from the FIR.

Of course, chances of success in such petition would depend on the facts of the case as to whether such accused person could not have been named in the FIR even if all the allegations made in the FIR were to be read as a whole.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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