aarjun vhajage (Lawyer) 18 September 2017

How to quash 498a appeal which is pending in mumbai hc

Appeal is pending in Mumbai HC for 498A. Accused is aquitted from all other charges by Sesstion Court. Appeal is pending since 2007. Settlement is done. Husband gave 2 lakh to wife. 3 affidavits are done by wife. She accepted all about money and settlement. She resile from her consent in MCD. MCD is dismissed. Even she is not ready to approach to HC to take back her complaint. Husband want to quash 498a. Your suggestions will be valuable for the husband.

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6 Replies

Siddharth Srivastava (Advocate) 18 September 2017

You have option to file petition u/s. 482 Cr. P. C. in the light of settlement arrived with wife and payment made by husband. If wife resiled her consent and MCD has been dismissed then it also amounts to cruelty so file petition for divorce on the ground of cruelty etc.

P. Venu (Advocate) 19 September 2017

If the trial court has acquitted and the appellate curt has not granted any stay, there is no ground for being concerned.

aarjun vhajage (Lawyer) 19 September 2017

Sidhartha, thank you for your reply, but where I can file petition u/s. 482 Cr. P. C.?

Siddharth Srivastava (Advocate) 19 September 2017

It should be filed in high court. You can also file WRIT petition in high court. The remedy depend on facts and circumstances of the case. So consult a lawyer with all case papers and details to ascertain the situation. Siddharth 9811776422

R Trivedi (advocate.dma@gmail.com) 23 September 2017

Arjun, your post is quite unclear. Pl clarify which appeal is pending in Mumbai HC of 498A? Also please clarify in which court 498 A is pending which you want to quash?