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sneha gupta   07 December 2017

Bail cancellation in 498a

i have filed FIR against husband U/S 498a IPC, but he has applied for bail. Is there any chances of cancellation of bail?


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 3 Replies

Krishna   07 December 2017

By filing 498A, you are't going to achieve anything. He will come out on bail, case goes 3-4 years, nothing will happen. Compromise with him, get some alimony ,get divorce, start a life again

Vijay Raj Mahajan (Advocate)     08 December 2017

He has applied for bail that you can defend but in usual circumstances the bail is allowed to accused in S498A IPC complaints as these are matrimonial disputes which are more civil in nature unless extreme injuries inflicted to the victim or that was extreme act of cruelty that made the victim to commit suicide or big amount of money or property demanded to taken away from the victim.

In most case normal husband and wife bickering are reported as act of cruelty by wife to police and demanded to be registered as FIR u/s 498A, 406 IPC but in the end it comes out not serious offence at all, get compromised between both side but results in breaking of matrimonial home and marriage for ever.

 

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sneha gupta   06 January 2018

sir, my spouse has got interim bail against FIR in S498a which is allowed in usual circumstances as you said, but he has now applied for cancellation of FIR u/s482 CPC in HC.

Please tell how to defend it, since cancellation of  FIR will my case very weak. Also while he was in interim bail he is blackmailing me to take back case, therefore what grounds should i make to keep this report before the court? and file petition to cancel the bail.

 


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