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jaspal singh   26 May 2017

Quashing of 498a

I got married in 2006 but parted our ways in march 2014 due to infidelity by my spouse. Although we haven't had any contoversies or complaints anywhere during this period. She sent some vulgar pic and video to someone through mobile. I have all the evidences of it. on that ground i filed a divorce petition in April 2014. They recieved the summon in August 2014 and after that she filed 498a complaint case aginst me. her hometown is in different state that's why she framed false dowry charges against me and family. She also further added that I went to her and beaten her. All these things she did only to get then jurisdiction in her favour. I mean so that proceedings would be held in the court of her state. But by god's grace the date on which they registered 498A caomplaint case against me on that day I was on flight as I was going to my business trip to other states. Afetr two days stay out there I fly back to my hometown. I have atatcahed the travel certficate also reagrding quashing the 498a case in high court. final hearing is coming nearer so please suggest me wheteher decision will come in my favour or not as I am loyal throughout these controversies. In the proceedings of divorce case which i registered her mother told to the court that I didn't come to ttheir home on the day which they had claimed in 498a complaint case that I demaneed dowry and assaulted them in thier home. will these accepatnce of her mother in her statement that I wasn't there would help me in the qaushing of the case... Please give me your valuable advice or kindly give me the link of any such qaushing judgments.


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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 May 2017

when the parties reach settlement in respect of offences enumerated in Section 320(2) of the Code, compounding is permissible but it requires the approval of the Court. In so far as serious offences are concerned, quashing of criminal proceedings upon compromise is within the discretionary powers of the High Court. In such cases, the power is exercised under Section 482 of the Code and proceedings are quashed....


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