manohar naidu (IT) 29 May 2016

Applying for quash

Hello All,

Me and my wife used to work in bangalore, both are in to IT field. Due to ego problems and intially her parents involved too much in our marriage life, later followed by my parents , and with wrong guidence of her parents, she has filed the (498A, section 3& 4 and section 506 ) on me and other 6 members of my family and relatives. None of us us our family or relatives used to stay with us. and she never ever come to my home post that marriage functions. I have detail chat in facebook, whatsapp , emails saying that we have some issues going on but it was not about dowry. in the FIR she has not mentioned any clear facts, metnioning date, how thay have given money or gold, nothing she has mentioned clearly. if she has mentioned clearly , i would have collected respective documents like ban transactions , the witness mentioned in the case were his 4 family members and 3 other people whom i have never seen before. now my question is As none of my family members are staying with me, based on this fact can i go and apply for quash in high court? or can those people(except my mom and dad) will get any relaxation from court to come for hearing every time. please guide me how to go for quash, As it is gives lot of pressure to me that 7 members from different places working in govt an private sectors, need to take leave and come for hearing everytime, is paining me.

Thanks

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(Guest)

Discuss grounds for quash with lawyer. Many factors come to play and all documents need to be studied carefully. Arguments for each person and charge need to be developed in detail.
General opinion is that quashing names of relatives living far away will be easy. Magistrate also may decide to not frame charges against such persons without quash petition. Dragging many family memebers in 498A case is common tendency. Supreme Courts and High Courts have made many observations calling it abuse of legal process.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 May 2016

Quashing of FIR in 498a can be filed under crpc 438 in high court and it can be done only before trial starts.

It can also be filed on the basis of jurisdiction and then parents living in a different city or visiting the couple very rare. When the case is filed with wrong intentions to take revenge from husband and in laws.

Meet a lawyer there.

manohar naidu (IT) 30 May 2016

@Ramachary

Hello Sir, Thank you for your response.

There was a delay in getting certified copies of FIR and chargesheet , In the mean time, there was dicusion going with elders of both the familes out of the court which didnt work out. Now the trails started in lower court, on april 4th there was first trail and next hearing on june 1st. So acording to you as trails started i dont have chance to apply for quash. Is there is any chance of getting relaxation that my distant relatives who are in case to come every time for hearing, also my brother has to travel from other city to travel for hearing. I heard that we can get stay on proceedings of relatives other than me and my parents. Could you please let me know how to apply for that stay. where can i apply that stay? in high court or district court. waiting for your response.

Thanks