Varun2020 08 August 2019

Quash 498A on wife's comfession

She lodged 498A, 406 case against me and my family 6 months back. Till now police did not able to produce chargesheet.

one day she called me over phone and told that she put my name as suggested by Police officer. I have the recording with me.
My question-

Can I go for quashing the FIR u/s 482 of crpc on the basis of
1. call recording?
2. delay in filling chargesheet?

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8 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 August 2019

You try in the court.

P. Venu (Advocate) 08 August 2019

You are missing the woods for the trees!

The relevant issue is whether the Cout has since taken cognisance and issued the summons.

Varun2020 08 August 2019

@P.Venu sir, no the court has not taken cognizance and no summon till now.

Syed K Saidhu 13 August 2019

my wife is not coming my home

Syed K Saidhu 13 August 2019

sir what to do

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 August 2019

If you are prepared to give up your marriage, file for restoration of conjugal rights. If she does not come even afterwards divorce her.

Rajkumar Sheoran 18 August 2019

my wife is not present in Court for witness in 498a,323,406,&506than what is the action of Court

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 August 2019

Generally the court will adjourn the case to another date and give your wife another chance. This can go on for any number of times. You or your lawyer will have to intervene and ask for ex-parte decision if it will be favourable to you. Your lawyer should advise you in these matters.