lucky81 (NA) 22 May 2015

498a victim

Dear Lawyers,

Thanks for sharing and helping everyone via this forum. My close friend and his family are framed in 498a. The boy and girl got married in 2010 but soon girl went back to her paternal home where she gave birth to a baby girl. Efforts were for reconcilliation but all went in vain. The boy asked for mutual consent divorce this year but girl refused. She went to her in-laws place instead of her husband's place and started creating trouble threatening to involve everyone in dowry case. She spend 3 months with her in-laws till husband bowed down to her demand to settle in her paternal city and not where he was working. The boy shifted to her paternal city, rented house and setup everything but the girl started creating trouble there as well and used to ask for money every now and then with threat of 498a. Harrassed by all this the boy made a complaint in local mahila thana and then counselling took place with no positive conclusion. He said the mahila thana was biased towards the girl and were not listening to him at all. He also filed complaint in SP office but with no results. Finally, after counselling mahila thana registered FIR against entire boy's family including his sister's husband and brother's wife.

The question that is there in family's mind is, even though references were made in FIR from 2015, hasn't the validity of incidents quoted for dowry demand from 2010 expired? Was the police right in registering FIR at first place for incidents in 2010? The incidents are lies and creation of the girls family. Is quash an option? The girl quoted that she went back to her in-laws place to stop second marriage of the husband and claimed that she wanted family to be together and therefore didn't filed any complaint till 2015.

Please advice.

Thanks,

Lucky

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 May 2015

Dear Lucky. fighting the case on merit with the help of a lawyer.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 May 2015

498A is a non-compoundable offence, hence cannot be withdrawn once filed. Speedy trial is only the solution.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

ahmed 24 May 2015

in my case we compromised through an MOU with all the conditions of exchanging valuables and compensation , we filed for 482 in Karnataka HC , she and her parents appeared and verbally informed the judge that we have mutually compromised and want to settle the matter and they also requested the judge that they want KHULA , Judge directed us to file the KHULA nama and gave a date after 4 days .

we singed the KHULA documents and once they got the khula , they and their lawyer are not responding , the judge says she needs to come to close the case .

Can the judge look into the facts and quash the case ? or the petition will be rejected ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 May 2015

Petition will be rejected if she does not come. Why compromise which non- compoundable? File speedy tril in-person (without advocate). Sample petition is there in my posts.