498a - harassment - a serious issue
Gaurav
(Querist) 03 March 2012
This query is : Resolved
Hi All,
Brief History of cases:
DV , Divorce, Sec 24.
498a FIR filed in Dec'2011.
Applied for bail and got a 4 day notice before arrest.
IO gave us notice in feb'11.Applied for anticipatory bail.
Judge heard argument for 2 days and on first day Judge said she will give bail on second day.But on second she reseved the order and gave it on 3rd day.
As per order, Judge called me on next date in next week and gave stay order till that time.
My lawyer says judge will pressurize me to do compromise as per the conditions of girl side, if we are not able to reach the compromise then she will dismiss our bail petition and send me to Jail. Is it possible?
Please help me and reply me as early as possible.
What should I do to avoid Jail?
Shonee Kapoor
(Expert) 03 March 2012
It seems your case is in Delhi.
It is unlikely that the judge would send you to jail for not compromising. Instead, she may proceed to get the AB decided on merits.
FEAR MY FRIEND WOULD ALWAYS BE YOUR BIGGEST ENEMY.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 03 March 2012
I agree with Sonee Kapoor, be bold and no need to worry the Court can no do that.
feel free to call
V R SHROFF
(Expert) 03 March 2012
BE BOLD AS SUGGESTED BY SHRI SHONEE
98% 498 CASES ACQUITTED
only 4 days harassment.
Yes, if respectable and just compromise, go for it, but not for fear of arrest.
sibasish pattanayak
(Expert) 04 March 2012
please fight against all pressure policies,you will over come this battle.
regards,
sibasish pattanayak, advocate,
kolkata,
09874854594 /09231668664 / 09477090999 / 09433074402.
Gaurav
(Querist) 04 March 2012
Experts Thanks for your reply. I will follow your advice.
Guest
(Expert) 04 March 2012
I endorse the views of Shri Shonee. Better buy peace of mind, may be at some cost, instead of toilling in the courts and jail for long.
Arvind Sehdev
(Expert) 04 March 2012
sorry Mr. Dhingra.... This is not a way out.. Give money and get out of it.. then the woman shall have 498a as a only way to extort money out of the guy...
On this issue I agree with Mr.Shonee
Guest
(Expert) 04 March 2012
Dear Arvind,
Happy to see that you differ with my opinion, but also sorry to state that you have not rendered any tangible solution to the querist, as against my views. You were free to offer a better solution to the querist. You simply said that you agree with Mr. Shonee, while I have also agreed in other form by endorsing his views, but has tried to supplement his reply on which you have raised the objection.
Even otherwise also, in my reply, I never made a mention of money and also never said the querist should surrender to the extortion bid of the wife. The word "cost" as I used in my reply, does not always mean money. Cost can be in the shape of momentary mental harassment, cost can also be the wastage of valuable time for a person, cost can also be in the shape of long term mental agony and harassment, if sent to jail.
Moreover, as like you, I have simply expressed my opinion, which does not compel the querist to compulsorily follow my advice. THE QUERIST, IF DESIRES SO & FEELS PROPER, CAN CONTINUE WITH HIS LEGAL BATTLE WITH HIS WIFE. I won't have ny objection to that.
prabhakar singh
(Expert) 04 March 2012
498A in variably causes fear in the mind of accused(though i prefer to call him victim).
In law 498A is a Pressure Technic in hands of wife.Every body know these cases are invariably false and in society it does not cause any damage to your personality.Hence you need not bow down in the name of fear of jail on rejection of bail rather give a tough fight.
Raj Kumar Makkad
(Expert) 05 March 2012
None can pressurize you to accept a compromise which is against the truth. You can stand firmly on your version if the same is true but there is no loss if the things can be got settled for the benefit of both the parties.
Gaurav
(Querist) 05 March 2012
Hi Raj Kumar makkad Sir,
Can I be arrested?
I hadn't done anything wrong. I have all the proofs with me of my wife harassing me.
I submitted order of Judge which states that I bought the articles but girl side refused to accept the same.
I have Mediation Center compromise order with me.
Guest
(Expert) 06 March 2012
When you have not done anything wrong and you have the order of judge and compromise order of the mediation centre also, I don't think you should be afraid of the issues.
Gaurav
(Querist) 06 March 2012
Hi experts,
Today, we had a compromise and judge increased the settlement amount by 50K. As per judge, i need to pay 50% of settled amount + articles on 15th Mar. 25% on first motion and rest on Fir quash.
Is the agreement OK?
Please let me know, can she again do dome foul play.
