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chan   24 June 2018

My brother got affected in 306, 498a ipc. Need some legal guidance.

Hello Expert Sr Criminal Lawyer,

My brother got affected in 306, 498a ipc.
No dowery death. RDO made clear enquiry and gave report and it was mentioned in the Bail copy.

No suicide note. She took poison due to mental aggressiveness and post natel mental strees; Their marriage life < 3 yrs. She is so aggressive girl and always in tension mood. Otherwise she is good girl.

Additionaly, To be honest : Her parents gave some mental pressure that they are unable to live due to poverty ( low class family ) ,etc

Note: Deceased girl parents got some money from my brother for their day to day expence and some urgent expense before death ( From month 1 of marriage to 3 yrs ) . He helped a lot to his FIL for their urgent expense.

Actually he is an real innocent accused/victim.
A1: 35 age ( Have 5 yrs age kid )
A2: Father 75 age
A3: Mother 65 age

Incident happened 4 yrs before. Till he didn't remarry and taking care of his small kid.

Now after 4 yrs, charge sheet is about to file. Got this news from known police officer.

Question and Help/Suggestion :

1. In this situation what we can do ?

2. Can we apply for a Quash for A2:father and A3:Mother ? If we apply then what will be the success rate ? Will it thru ?

3. How to tackle / handle this case ?

4. Any previous cases and judgment like this case.

If you could help me on my query then it will be really help ful for us.

Thanks in advance.


Learning

 1 Replies

S Murugesan (lawyer)     25 June 2018

I think you can quash at the earliest. but possibily is only 50%. I request Sr criminal lawyer to give a clear picture.

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