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Discussion > Criminal Law > RCR filed against Husband After 498A   Unanswered Threads Post New Topic

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There are 5 Replies to this message


Vishu vishu


dfa
[ Scorecard : 62]
Posted On 15 March 2010 at 13:18 Report Abuse

Hi,

My Wife has filled 498A in August 2009 in Jalgaon. I went to High court to Quash the FIR, where My father, mother and siblings were petitioner. Her Lawyer on her behalf requested for councelling between spouses in High court.

I appeared for councelling in High court and Denied to stay with her.Counceller gives faliure report of councelling. In councelling, I came to know that she has already filled RCR some 3-4 month back.

 

The 482 petition is still pending in high court. I have not received any summon or notice for RCR. As far as dowry case is concerned charge sheet has already filled but charges are not framed by the court yet.

 

Please let me know

1) How this will affect, Quashing of FIR?

2) will RCR filled by wife after 498A will help in fighting 498A case?

3) can I get decree in my favour in RCR case as 498A is already filled and not proved false yet?

4) is there any way 498A can be quashed if Girl file RCR after 498A( Want to know becasue even if both cases are of different nature(civil and Criminal) both cases are of contradictory nature)

 

Thanks in advance.

 

Regards,

Vivek 



Online certification courses in IP, IT and Social Media laws


Member (Account Deleted)


Advocate
[ Scorecard : 5659]
Posted On 16 March 2010 at 17:29 Report Abuse

Answer question wise:

1.  Fir cannot be quashed as such.  The High court cannot go for rowing enquiry.  The facts are subject matter of  trial.

2.  The pleadings in her RCR petition are supporting your case, you can file them at the time of defence evidence in S.498-A trial.  But it has to be seen what are the pleadings in RCR.

3.  Either RCR, which has been filed by her would be allowed in her favour or dismissed against her.  It cannot be decided in your favour, as you are respondent.  But if the RCR is dismissed, you can feel that the case is decided in your favour.  But RCR's fate is not dependent on the filing of S.498-A.  RCR will be decided on its own merits.

4.  No. 498-A will not be quashed by mere filing of RCR.  498-A can be quashed if the High Court exercises its inherent power under Section 482 Cr.P.C.  or both husband and wife reach to a compromise and give a statement to such an extent before the High Court.



Total thanks : 1 times


Munirathnam


Scientist
[ Scorecard : 894]
Posted On 27 April 2010 at 14:36 Report Abuse

Hi Vivek, Your wife is strange.... One way she says that you are criminal. Other side she says she wants you... As per supreme court, allegations attracts 498A section if cruelty is such that wife could not stay with husband. raise this point in your quash petition in HC.


Total thanks : 1 times


Vishu vishu


dfa
[ Scorecard : 62]
Posted On 18 May 2010 at 12:07 Report Abuse

Hello Munirathnam and Prabhakar,

Thanks for your Reply. I also have same sort of felling that if cruelity is there, wife would not like to stay with the husband, but within 20 days of Filing 498A, My Wife shows her willingness by filling RCR in same court.

But what I am aware of is that FIR can only be queshed on technical grounds, and court will not consider any evidence while Quashing of FIR. my lawyer is telling that as we deny to stay with the spouse, it will go against us and decision might be in favour of other party.

One more fact I came to know that within 15 of filling RCR, wy wife once against filled a false private complaing in same court Under section 504, 506. I am veery much in dillema about what to do now?

I am very depresed and my family are very much unsettled and we dont konw what to do now. How come we can take such girl to our family?

Any advice or your great opinion might prove to be boon for rest of my life.

Thanks and Regards,

Vivek Shukla 



victum as wife


housewife
[ Scorecard : 29]
Posted On 16 October 2010 at 18:52 Report Abuse

you can go for mediation and quashing of FIR
 



victum as wife


housewife
[ Scorecard : 29]
Posted On 16 October 2010 at 18:55 Report Abuse

and dont worry about RCR as she will be afraid of coming back after 498a and force court to proceed faster




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