Compromise in 498a
Querist :
Anonymous
(Querist) 01 September 2011
This query is : Resolved
R/sir,
As my wife has made compromise u/s 498A,406,125 crpc and 13B as i have paid them demanded money for only preserving my future.
--Is ACJM at district court is empowered to free me from 498A or HC has to play any role to free me.
As wife has given statement u/s 498A positively(ie.,dowry demanded).But wife's side all witness has given hostile statement(ie.,no dowry demand).ACJM has discharged me from the offence u/s 498A completely,as said by my lawer to me.
--am I assure to be free from 498A completely or subject to HC or any other thing(As court has demanded surety/security/Jamanati and get my sign on a paper u/s 437A ie. bounding me for 6 months like this)
pls advise me
Thanque
Devajyoti Barman
(Expert) 01 September 2011
Your query is confusing to say the at least.
First make it clear that whether you are discharged from section 498A or not. What your advocates are saying is not important. What the court is saying more important.
If the ACJM has discharged you then no further confirmation is required from the high court.
Sanjeev
(Expert) 02 September 2011
If the ACJM has discharged you from the case then there should be a order that would have been passed by CJM court take a certified copy of the order and that should mean that the case will no more be listed in CJM court and the order would contain that the bail bonds for you and the co-accused have been discharged. Take a order copy verbal saying by lawyer dont have any value in law.
prabhakar singh
(Expert) 02 September 2011
you are confused and confusing us too,if you were discharged then there must be a discharge order,apply for copy things will be clear.
M/s. Y-not legal services
(Expert) 02 September 2011
You mean, your case got acquittal or a compromise statement recorded in your case?
Querist :
Anonymous
(Querist) 02 September 2011
Dear Sir,
Thanks.
I have applied for court order cerified copy reg.discharge/acquittal from 498A offence through compromise.
it will resolve my quarry.
Thanks much!
M/s. Y-not legal services
(Expert) 02 September 2011
If its contest acquittal mean prosecution may go for appeal. Since acquittal by compromise you are free from this case..
Raj Kumar Makkad
(Expert) 02 September 2011
I think some one wants to extort money from you and illegally demanding jamanti etc. When you are discharged, no question remains to bring any jmanti etc. and only this court is competent to release you which you are availing.
Querist :
Anonymous
(Querist) 02 September 2011
Dear sir,
Thanks a lot!
However I find my quarry resolved but not with full confidence.
Perhaps I m confused or unable to express my quarry clearly,so maybe getting u all experts somewhat confused.
-My wife had filed 498A,406,125 crpc and divorce case.(2 yrs lapsed)
-Now I have paid them their undue demand of money,for sake of my future/professional carrier.
-wife presented compromise u/s 125,498A,406 and sec 13B.
-Wife's statement have been done before ACJM 2 years ago.she blamed demand for dowry offence.
-Now wife's side other 4 witness gave hostile(/no demand for dowry)statements before ACJM.
-ACJM discharged /free me from offence u/s 498A as on the basis of witness not supporting wife's statement,demanding jmanti.(As lawer told me u r free from 498A.I have applied for certif.copy of ACJM order for confirmation)
-My only quarry is-Is ACJM court is empowered to discharge/free me u/s 498A or there is a role of HC in this respect.
Thanks with regard
girish shringi
(Expert) 05 September 2011
Take it easy and solve the life problem.
