Advise for 498a quashing


Hi

    In 2009 my  brother's bhabhi filed a 498a case accused is my fahter, mother and brother. We are close to win the case but from 3 years witness is not coming and no response from their side. Following is point of consideration.

    1. Absent of Witness and Other related person from 3 years.

    2. They complained in FIR and one complaint in Local Modarsha(local body to resolve)  in written. In FIR they said We tried to burn alive in Kolkata and any how she managed to escape unharm and in Modarsha they complained We tried to hang her in ceiling fan.

     3. We have some recording which proof that she and her mother want to leave his family and join them as gher jawai.

     4. Witness all are her family members only.

 

Please advise me to quash the case and guide to proceed.

 

Thanks in Advance

 
Reply   
 

Hi,

quashing is not so easy.

you have to show  genune reason to quash.

only the eye witness is consider as strong witness.

and some of the point in your wiriting is little confusion ,pls be clear.

 
Reply   
 



Dear Mukund

    Thanks for reply.

    All story are as bellow

    

They filed two case 1. Maintenance 2. 498a dowry case.

498a.

     They complain two place first in local modarsa compromise under local leadership. In which they claimed that “We tried to hang her and kill her. She escaped unharmed and travel at the moment from Kolkata to Madubani her father home. We did it because I asked to bring Rs.50000/- and a Motor Cycle but her father were unable for this and this accident happened. In  modarsa and local people found that she claimed false.

 

    When they felt that Local people knew their false claim, claimed in Police station by slightly changed statement that We tried to burn her alive to provide above mentioned amount and escaped to father home.

 

   We compromised Maintenance Case on the basis that We will give divorce and return all the goods got in marriage and They will take back complaint of 498a. We Divorced and neither return all the things but they are not coming in 498a case hearing nor any witness.

 

   Last witness came to court in January 2011 till date they are not coming and we are waiting for her every court hearing.  Court sent her some notice but did not response on them and finally courts ignore one witness and send notice to other and this is happening for from approx. 3 years.

 

Finally we want to apply for the quash of this query

  1. No eye witness
  2. Every witness is their family member.
  3. Neither witness nor they are coming to court on hearing date.
  4. State given in two different places is not matching.
  5. In court she claimed that she don’t to live my brother and requested divorce.
  6. In March 2013 my brother divorced her and return all the goods on the condition that they will take back 498a and sign paper. After these they are not responding.
 
Reply   
 

There is no scope of quashing the complaint filed against you as there more than sufficient material available that the prima facie case is established. If the complainant herself is not coming the case can be dismissed and all the accuse can be acquitted but if some of the key witness are not coming thenThe case will be decided without the evidence of this particular witness and judgment will depend what has been established and proved against your family members.

Best course is if you have paid the maintenance and your spouse is willing to finish the matter then you should approach the high court with joint statement of both parties and pray for quashing of complaint other wise the court will take its own course.  

 
Reply   
 

Dear Capt Gurvinder Singh

   Thanks Thanks for your reply and it is a great information.

   This is the game that complainant will not to court but We need to on every hearing from Kolkata to Madhubani, Bihar. 500 KM. some body from her family informed me that they will not come and this was the game and you will suffer.

   Where I can apply for dismiss of the case? ... In Patna High Court or In Madhubani Session Court. I also want to know that can I apply it in Kolkata Hight Court.

  
Thanks in Advance

 
Reply   
 
tech

Where did u do the agreement inside court or outside and did ur agreement accepted by the court or not

 
Reply   
 

Dear raja

   Thanks for reply

    We accepted every agreement under court guidance and duly signed by both parties under evidence of both lawyers .

 

Thanks in Advance

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Querist

fight the case in trial court will be better or try to settle the matter amicably if possible.

for transfer the case you have to file a transfer petition before SC. you can file a discharge petition before the lower court or file a revision against the charge if the court framed the charge within 90 days.

feel free to call

 
Reply   
 

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