Quashing of 498a in hc
Querist :
Anonymous
(Querist) 17 December 2017
This query is : Resolved
Dear sir,
An compliant case was filed in CJM court in Oct.2007 U/S 156 (3) and it was dismissed. Again filed party filed revision in Dist./Ses court in April 2008. I t was also dismissed.
In Nov.2008, aging party filed the same complaint matter through back door in the police kotwali as an FIR with fake medical document from Gorv. Hospital. Where her father was also working as lab Asst.
Now husband have charge sheeted. I filed u/s 482crpc for quashing of charge sheet in HC, and got stay on the ground of already two complaint case was dismissed/rejected by CJM & Dist. court then how its coming third complaint with out disclosing the previous complaint in this FIR.
. At that time during the first hearing party council filed counter affidavit and argued to the court that husband has continuous threatening to the wife that he will kill you (wife) etc.
Now this month,2017 it has listed in High Court. I have to file the rejoinder affidavit.
Now my qus. is that what should i do weather it is queshable by High court ?
Apart from this I have Statement and cross- examination give by wife in 125 crpc maintenance case, in 2008. which is very imp.document. In this Cross- exam. she has accepted that she came with is brother on his byke/motorcycle from her martimonial home. But in FIR she has mentioned that husband and his younger brother has beaten and left at bus stand at my home district (near by her house) which is 30 km far from my home town/ matrimonial home (husband home ). As police, IO has taken this ground and beautifully marked the place where incidence has taken place by husband.
Now this cross-Exam. document can i use in my rejoinder affidavit ? this document will be useful in quashing of charge sheet ?
Kindly advice and suggest.
(now she is Ex-wife,divorced and also getting maintenance from me for herself and two children).
Dr J C Vashista
(Expert) 19 December 2017
Sorry, no reply for anonymous author on academic story.