Family exemption from attending 498a case dates except me


My wife registered 498A, DP 3, 4 on June 2015, and the Chargesheet has been filed by police, they have removed all other my family members (A2 to A7) from the Chargesheet except me.

As me and my family hasn't scared of my wife’s blackmails to pay for huge amount as settlement she has gone to court again and filed a petition to add my other 7 family members name, couple of days back all of them have received the summons to attend the court on 8th November.

As this court is 750KM away and in different state from my home, till now I am the only one attending the court dates, but attending 8 family members by travelling 750km and staying there for a day from next date 8 November and onwards is worrying me a lot.

As per my lawyer, all of them have to attend the court one time at least for the 1st time, then he can file the petition for exemption for all of them excluding me.

So I am here to request the experts/lawyers to give a proper suggestions/ways to exempt/skip/prolong this attendance of my 7 other family member excluding me even for the 1st time.

Thanks in advance!

 
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It will be better in good faith if all the summoned persons can go to the court for this hearing, as your lawyer suggested, as this will establish a good will in the matter, in your favour, since you have no wrong to be worried about, as your post suggests. I believe after successfully appearing for the first time, your lawyer will be able to convince the Court again as to the exemption of all others involved.

However, if the circumstances are really not enabling you to take all such summoned persons, you could probably move an application before the court with regard to the same, containing all the requisite details, praying for a delayed appearance or whatever you seek.

Rest, your lawyer can guide  you the best, given the specific details of your case. The fact that the other accused were let off the chargesheet before is definitely in your favour. See if your lawyer could make any use of that fact.


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Hi Arjun,

Thannks for your quick and prompt reply, your explanation make sence, one more thing i wanted to ask in the last post.

Is it recommnded to go for quash on (A2 to A7) in highcourt or a petition u/sec.205 or 317 Cr.P.C in trial court for my family to excempt on attending the court so that i can wait for the trail (mean while wife can come to compromise)?

Thanks in advance!

 
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Well, I am not sure as to the grounds on which A2 to A7 were let off the chargesheet before. But that gives you a certain ground to contest their inclusion and I believe that the Quash petition can be filed on the said fact. However, since your lawyer must be aware of your situation better, I suggest you discuss the Quash petition with him and proceed as mutually agreeable. For all I know, probably he is just trying to establish a good faith in the court that there is complete co-operation from your end towards the matter in the court. However, after carefully analysing as to why the A2 to A7 were earlier dropped and then later resumed on the chargesheet, perhaps you can indeed file a Quash petition before the said date, citing all the unnecessary burden that would fall upon you and create significant inconvenience for those summoned as well.

Allowing the petition u/s 205 or 317 is upon the discretion of the Court and you will need strong support for it in form of supporting judgments and meritorious grounds for dispensing with the presence of such summoned persons. Moreover, the presence being demanded for the first time, if I am not wrong, I can't be very sure whether the Magistrate would allow the same or not, unless based on exceptionally valid grounds.


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@Amisha,

Why you are so rude, what made you to think that I made a mistake? Please don't judge the people just by looking at a single query. I have been attending the court for last 2 year and I was never tensed so much as right now, by knowing that my parents and relatives have to travel and attend the court, I came here and asking for 2nd opinion as I already been talking to my lawyer.  

And I am not a lawyer/law student/had some previous experience dealing with the cases to come to the right conclusion. For last couple of days i have been doing this research to find the grounds for quash in my case and what is the side effect of it... So on.

Anyway though you are little rude, you have given straightforward answer and I appreciate that, thank you very much!

@Arjun, Thanks once again!

 
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