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Rahul Tiwari (do)     27 November 2012

498a quash case dismissed on first hearing in delhi h/c

Hello Lawyers,

Just came here for some expert advise. I am a NRI and falsely accused under 498a 

It has been some time now .. more than 3.5 years .. since complaint and nearly 3 years to FIR .. and no chargesheet yet.

I filed for quash.. and the judge pushed my lawyer to go for a compromise.. and based on my instructions and his and mine idealogy, we refused to go for compromise. If I had to go for a compromise .. I would have done so 3 years back.

The judge then dismissed the case (It was first hearing .. other party was not even notified) and imposed a fine on us for wasting his "valuable" time. 

I can go to supreme court.. but there is no point if the judges there are also gender biased.

What is your advise and chances of success .

Thanks

Rahul



Learning

 11 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     27 November 2012

Over confidence and lack of proper legal expert let down similar attempts for quash and discharge.

 

Supreme court has time and again laid down simple and transperant rules for quash and discharge.

 

If the story in FIR or complaint in lower court do not disclosed any offense than only such applications are admitted for hearing. Please read it carefully admitted for hearing and not for final decison since other party will be heard.

 

If as your understanding the charges are false that you have to prove in lower court and quash is not a remedy.

 

Please read the recent SC decisions in ARUSHI MUDER CASE and very recent  JAFFER SHARIEF   ore Railway minister case.

Rahul Tiwari (do)     27 November 2012

Respected Sir,

It is not overconfidence, or lack of knowledge. But if somebody puts a charge that I beat up that person, and harassed her, and the corrupt police is very inclined to draw out a 498a case, then there is always very difficult to prove that the allegations are false.

coming to facts, there are arguments that there is no medical report, no brain scan reports for mental harassment charges, no injury marks, no eye witnesses, and the girl lived with me for less than 1 week, and filed the case 1 year later, and proof that all her behavior during the "supposedly" pleasant times was of a gold digger, and has already lost the divorce case, then also the judge decides his hands are tied and will not support me and imposes a fine..

I am here to get only free advise regarding next steps.

If you are saying that there is no chance of a quash, I do believe you, and I already knew that, but not hearing even once.. that is extreme

Next possible step is to quash the case at expiry of 3 years which is in March, based on limitation period.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     27 November 2012

Again you are confusing the story.

 

1) What the law says that if there is no complaint of beating or mental harrassment in the FIR it can be quashed.

 

2) But if it is there is in the complaint than whether medical evidence is there or not or other eye witness support or reject the story will have to be proved in lower court by trial.

 

What you want to argue were the same arguments put forth by the topmost advocates of the country before SUPREME COURT  in AURUSHI MURDER case and the same were rejected EVEN THOUGH THE INVESTIGATING AGENCY THE CBI HAD FILED A CLOSURE REPORT.

Rahul Tiwari (do)     27 November 2012

Thank you Sir. 

I understand your point, There is no chance of quash, 

What do you suggest about the approach on limitation period expiry on 3 years.

Can I file quash then. Will that be substantial.

Rahul Tiwari (do)     27 November 2012

Another point.. what is the remedy of false case.. I am just saying this is whole false case. Why won't the high court judge even look for substance in the case.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2012

1. What were the grounds of Quash?

2. On what reasoning w/o issuing the notice to the state/ other party the case was dismissed?

3. Can we see the Judgment copy.

 

Whether to go to SC or not can be stated after seeing the Judgement of Delhi HC.

 

Regards,

 

Shonee Kapoor

Handphone: +91-8010850498

EmaIl: harassed.by.498a@gmail.com

Facebook: www.facebook.com/shoneekapoor

3 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2012

On second thoughts, even the SC would ask for mediation.

 

The way out is not to outright deny the same, but find ways around the same.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Rahul Tiwari (do)     28 November 2012

<deleted>

Rahul Tiwari (do)     28 November 2012

No Problems.

Thanks

Rahul

Arjun Gupti (Business)     28 November 2012

Originally posted by : Rahul Tiwari


Respected Sir,

It is not overconfidence, or lack of knowledge. But if somebody puts a charge that I beat up that person, and harassed her, and the corrupt police is very inclined to draw out a 498a case, then there is always very difficult to prove that the allegations are false.

coming to facts, there are arguments that there is no medical report, no brain scan reports for mental harassment charges, no injury marks, no eye witnesses, and the girl lived with me for less than 1 week, and filed the case 1 year later, and proof that all her behavior during the "supposedly" pleasant times was of a gold digger, and has already lost the divorce case, then also the judge decides his hands are tied and will not support me and imposes a fine..

I am here to get only free advise regarding next steps.

If you are saying that there is no chance of a quash, I do believe you, and I already knew that, but not hearing even once.. that is extreme

Next possible step is to quash the case at expiry of 3 years which is in March, based on limitation period.

 

I understand your situation. Mediation is just a waste of time so I agree with your decision to say NO to any compromise. INDIA'sJUDICIAL SYSTEM and POLICE are on HEIGHT of corruption. A LOT OF ENERGIES and MONEY are wasted on courts, police, lawyers etc. 498A has become a business where greedy parents plan to make money on the broken marriage of their beloved daugher. SHAME ON THIS TYPE OF CULTURE. Shame on SUCH PARENTS. SHAME ON POLICE and SHAME ON JUDICIAL SYSTEM. I think a time will come when there will be REVOLT - A HUGE ONE. And our politicians will have no idea what to do. If you have some extra money, just file a case on that judge - let him get a taste of his own medicine. Use RTI to get every minute detail of your case. Harass the I.O. File a case of tax-evasion on your in-laws. Submit your story to ZEE NEWS, AAJ TAK etc. Write a blog posting pics of your wife and your marriage and post a copy of false complaint and FIR. Leave no stone unturned to make their life hell. Only when they will get a taste of their own medicine, they will settle this case. 

 


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