dvc dismissed, what next?
insaniyat
(Querist) 03 December 2011
This query is : Resolved
Hello Experts,
Hurray!
My DVC case had been dimissed by Lower Court saying that she made unjustified act by filing false case against her in-laws (My Mother and Sister). Further, she made false allegations against myself with no proof at all. Court says that it is not safe to rely upon her evidences, hence the Court found that she has unjust enrichment from her husband made false claim U/s 19 of the Act.
Hence the case was dismissed with No Cost.
Previously while DVC was running in Lower Court, my advocate approached HC to Quash 498a. HC ordered to go for trial, however my physical appearance in court is not mandatory unless required.
My question is what next step should I take?
1. On the basis of DVC judgment, Shall I approach HC for Quash 498a?
2. What are the other options to get rid of 498a?
Thanks in advance.
regards,
Never Give Up
ajay sethi
(Expert) 03 December 2011
498 A case must have been filed for alleagtions of dowry harrasment .
you have right to approach high court for quashing 498 a case but you must have a primafacie case .
are the allegations in DV case and 498 A case same?
insaniyat
(Querist) 03 December 2011
Hi Ajay,
Thanks for your reply.
Yes, all the allegations in 498a Chargesheet and DVC are same.
In judgment, Court says that there is no scintilla of evidences before court to prove her allegations of dowry demand. All her allegations as to the dowry demand are very omnibus.
Can I still approach HC to quash 2nd Time?
thnx
ajay sethi
(Expert) 03 December 2011
if all the allegations are same dont waste your time . file application for quashing 498 A case
insaniyat
(Querist) 03 December 2011
Sounds good.
Is there any HC judgment quashing 498a based on DVC judgment? I would like to use this judgment as reference in my application to HC.
Thanx for your help indeed.
Devajyoti Barman
(Expert) 03 December 2011
The judgement of DV case is not binding on 498A case nor the high court is bound to consider this decision.
The decision of DV case may well have bearing in the trial of 498A case but not on the quashing unless the quashing has its own merit.
Shailesh Kr. Shah
(Expert) 04 December 2011
The high court is not bound to consider judgement of DV case.
M/s. Y-not legal services
(Expert) 04 December 2011
yes.. still you have to be proceed as usually., just forget the dv case., concentrate with the 498.a
insaniyat
(Querist) 04 December 2011
Hello Experts,
Thanks to all of your advice. Let me face the trial in 498a which will definitely waste of my time.
regards,
Never Give Up
insaniyat
(Querist) 04 December 2011
I presumed that res judicata, meaning that you cannot be tied to 2 diffrent process of laws for the same crime. If she is not able to prove the charges in DV case, and you are aquitted, then you can go for the quashing of the 498a case citing that the same charges of 498a has not been proved in DV court and so continuing with the 498a case would be the abuse of process of law.
link:
http://www.498a.dreamhosters.com/forum/viewtopic.php?f=47&t=5236
will this fact work in my case?
Never Give Up
M/s. Y-not legal services
(Expert) 04 December 2011
the word res judicata only cover under civil laws.. if its criminal law mean that is call as "double jeo pardy"
insaniyat
(Querist) 05 December 2011
Hi Tom,
Highly motivated word;
Legal Dictionary
: double jeopardy :
the prosecution of a person for an offense for which he or she has already been prosecuted.
Thanks for your advice.
Shonee Kapoor
(Expert) 05 December 2011
This question has been raised elsewhere in the forum too.
Face trial in 498-a is the advise for you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
insaniyat
(Querist) 05 December 2011
Hi Shoneeji,
badi der kardi huzoor aatey aatey...
Thanks indeed for your msg. definitely I am prepared to face the trial with more shocking evidences.
yes, I posted the same question in other forum, so that the members in that forum also should get benefited.
regards,
Never Give Up
prabhakar singh
(Expert) 06 December 2011
Good notion pleaded behind several postings .yes contest.Never give up.
insaniyat
(Querist) 16 December 2011
Hello,
here is update;
I found that Charges are not yet framed in 498a case.
Please advice;
1. What is Discharge means?
2. Can I approach HC for Discharge?
Thanks in advance,
regards,
never give up
