498A hearing help

Guest (Querist) 28 December 2010 This query is : Resolved
I have just received Summons from the trial court for case filed against us u/s 498A/406/502/3/4Dowry Prohibition Act. I want to know what happens on the first date on appearence.

1. Bail- I the main accused in on regular bail but my parents are on stay arrest from HC tht was granted on filing the writ i/s 482 -Quashing of FIR- but since now chargesheet is filed we will have to secure regular bail for them......will securing bail be difficult.

2. If we go for Quash on chargesheet- we may get further stay on proceedings from HC but is that helpful or its better to start in the trial court.

3. If in the trial court the other side lawyer claims for false streedhan claims will it impact the parents bail...the girl took all her jewellery but some clothes are at our home as she left abruptly and filed this case that could not be returned. The police also did not investigate from us and never asked to return anything.

4. Is securing bail after chargesheet difficult specially in UP even after the main accused is granted bail. I am not afraid of the proceedings but only with the bails.Though its discretionary power but once we get bails there is nothing to fear about the case and the people filing the cases know this so they dont leave any stone unturned to object the bails.

5. As after bail I will not be willing to compromise and so is my stand know but still at present there remains a fear of arrest of my family that is the winning point for the other side.

Please guide.

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Ajay Bansal (Expert) 28 December 2010
AS FAR AS REGULER BAIL IS CONCERNED,THERE IS NO PROBLEM TO YOUR SIDE.HOWEVER IT WOULD BETTER TO FACE TRIAL IN TRIAL COURT INSTUD TO GO TO HIHG COURT.

yogesh (Expert) 28 December 2010
1 securing bail will not be difficult as charge sheet is filed so if there is no case of physical injury inflicted on the complainant so the bail will be get it on furnishing the securities

2 some reverse may happen if filing chargesheet is concerned,Quash it only if there is material in it I.E frivolous, ambiguity there

3 Filing wrong claims also affects on her You may move 340 Crpc Application against the false claim in the same court

4 you may file the case of divorce on the grounds of cruelty if you acquitted or FIR is quashed

Devajyoti Barman (Expert) 29 December 2010
1. No,it should be cake walk for them.
2. No point in trying quashing except delaying the case further.
3.No, it is a subject matter of trial . But if there is a section of 406 ioc then the police should execute the search warrant in the meantime.
4. Since the prime accused-husband has got the bail, gettin bail for his parents should be the matter of least concern.
5. Go on fighting your case and if possible file counter case against her.

Guest (Querist) 29 December 2010
Mr Barman,

One question here you said that police may execute search warrants if sec 406 is there, that happens after chargesheet or before as chargesheet has been filed and before chargesheet also I without being asked for went to police and asked if they want to investigate but the IO didnt. I had even submitted letters at the Police station that I am ready to join investigation but they never did any investigation except for asking for money.

Devajyoti Barman (Expert) 29 December 2010
Then apply to the Magistrate who can pass such necessary order if it is satisfied.

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