498a/304b

Nick (Querist) 02 February 2011 This query is : Resolved

498A/304B case against myself and my parents are yet to form charge at ADJ 2 court.Some of my friends advising me to apply for stay order at HC and just avoid harassment from frequent lower court appearances.

Please advice me on it should I go for stay order or I will go for normal trial process?
I am very much confident that I will get innocence as I had made on mistake on my family life with due respect to my late wife,though I am scared a lot on it.
Please advice.

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Guest (Expert) 02 February 2011
The provisions of the said sections are quite stiff and I don't think you would get any benefit through HC for any stay order. The case once registered has a long effect.

However, if you have some very strong and formal proof in your favor, you can try your luck, but still the HC is not expected to intervene in the proper investigation process.

Amit Minocha (Expert) 02 February 2011
you may not be able to get stay order unless you have very unique and genuine grounds instead you can ask for a permanent exemption from the trial court in order to avoid your so called harassment. since charges are serious you would have to contest the case. Even if you get a stay that would not close the trial and sooner or later you would have to contest the case. Better go for quashing if you have strongest grounds.

Nick (Querist) 03 February 2011
In reply to Mr Amit Minocha's reply on "Better go for quashing if you have strongest grounds."

Please have look on strong and weak grounds on this case ...

Strong:
1) I have all strongest grounds as I have not done anythings wrong except we made a fight on the morning on my smoking habit and both of us kept in separate room.The accident happened on noon.
2)Postmortem report said suicide by hang.No others hit mark found.

3) My parents were not staying with me.They are staying on my native place.

4) Even 1 day before my in laws made FIR my neighbor handed me over to police as my in laws home is one night stand from my staying home.Exactly next day of accident they made FIR and we got arrested.

5) Even in FIR/charge sheet it is written my parents were not staying with me.

6) My in laws tried to highlight (as per FIR and charge sheet) that I asked for 100000 to purchase a new flat.But real fact is that I already booked one flat few day back form the accident day and made some payment through cheque.As per my bank statement I have sufficient balance on the accident day.
7)In FIR they have written that they have given my a lot things on dowry.Real fact is that I am strongly against the dowry still now and I have not taken not a single things from them.After the marriage I have purchased lot of the house appliances from my own and have all receipts.

Weak:
1) While she made suicide I was present in the house but in separate room.
2) No suicide not found.
3) No diseases with my spouse others than the short temper.We where absolutely happy family if we ignore just few hours.

on the above main points can I go for quashing to HC and what is the right time for quashing? Please advice.

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