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tanmoy (.....)     01 February 2013

How to quash and fight 498a

 

I have 498a, 307, etc for me, my sister, sister-in-law and parents

1. First IO said that medical certificate is not valid; cases were settled in between two parties. He asked court to close the case.

2. Opponent party applied for reinvestigation and now another IO submitted charge sheet against all of us. When we asked IO, he said because of higher authorities, she was forced to submit without any investigation.

3. Girl has not stayed with me parents or sister. Hardly 5-6 nights they spent. But in FIR they have mentioned, we have been asking dowry since next day of her marriage. Real truth is that I should filed dowry against them if we had a law.

4. I am thinking to apply for quash. Who are all should apply for quash? (sis, sil, dad, mon) or I should also file quash ?

5. If other accused except me files for quash application. Will the trail for me run for me in lower court?

6. How long can I delay them before appearing in the court. Because I don’t have any leave and I am in abroad.

7. How can I apply for protection because her father is president of bar council of the court and political leader. So we are scared to attend the court. But I am ready for anything.

She wants to stay with me but I don’t want at any cost. Ready to leave job after few months and fight the case.

Please let me know your suggestion.

 



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 2 Replies

Advocate M.Bhadra   01 February 2013

Merit of quashing petition u/s.482 Cr. P.C. in High Court are rare cases however you can file,failing which you may defend the case,but sec.307 IPC is triable by Session Court  which you should engagge a senior criminal lawyer.

tanmoy (.....)     01 February 2013

does it mean that if other accussed submit quash application to high court then all heraing in lower court would be stopped. in that case, i dont have to go back to india now?


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