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Abhi (Advocate)     08 December 2011

Is 498a plus 3 & 4 of dp act quashable in Andhra Pradesh

Hi,

 

One of my client was charged with 498a with 3&4 of DP Act. Currently they settled the matter and either parties want to revoke the case filed on each other. Can we quash 498a with 3&4 of DP act in AP High court? I was thinking that 498a alone can be quashed but with 3&4 of DP Act, it may not be possible.

 

Please suggest the possible best solution and the time frame it might take.

 

Thanks,

Abhi



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 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

It can be quashed

 

Only 498a is compoundable in AP, for DP3 and 4, you have to go for quashing.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Abhi (Advocate)     10 December 2011

Thanks Shonee, I have read many of your forums wrt dowry.498a laws. Another answer would be helpful. I'm trying to file a quash for 498a, 3&4 of DP act in High court of AP but the other side lawyer who claims to have over 40 years of experience in vakalatnam says that this case can be closed only when the all the accused approach the lower court(where the case is filed) which is in another district of AP.

 

How far his argument is correct? And finally how long this procedure would take. I'm attaching a recent judment of AP in similar lines 1579/2011... here is the link to the judgment

 

https://hc.ap.nic.in/orders/crlp_1579_2011.html

 

Your quick response is highly appreciable...

 

Thanks,

Kiran

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 December 2011

This link re-infornces my stand only that it can be quashed in HC and no need to take the compounding option.

 

However presence of all accused is a matter of practise in HC.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Abhi (Advocate)     13 December 2011

Thank you very much for the much needed input...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 December 2011

never mention my friend.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

kvss.prabhakar rao (Advocate )     15 February 2012

Dear That there is process prescribed in Andrha pradesh to made availble to litigants public who are compoundable in matrimonial cases. Consult your advocate even DP Act is withdraing in Andhra Pradesh wiht the consultation of Supertednent of Police. The defacto complianant must made application before Police with affidavit that the defacto complianant is willing to settle the matter then the plice would  obtiane permssion from SP for withdrawing the case after taking openion from public prosecutor, All this done before filing of charge sheet. So consult your advocate 


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