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319

(Querist) 02 October 2013 This query is : Resolved 
Hi..wife filed 498a..police cleared names of family but 498a on me...the case is going on and wife chief was done..she filed 319 application asking to put names of my parents and my married brothers and sisters who live in different city...in her chief she wrote that she was beaten and tortured...this is their tactic to harrass me to maximum as my innocent old parents and sisters and brothers will be harrassed.
Is it that easy to summon anyone especially married sisters who live in a different city and had nothing to do with my life...I thought there were hc/sc rulings that married sisters living in different city cant be pulled in this??
Please advice how and what can I do?
Kiran Kumar (Expert) 02 October 2013
You need not to worry on this aspect as it will not be easy for her to bring them as accused before the Trial Court using application under S.319 Cr.P.C

There are catena of judgments wherein the FIR against the parents and other relatives has been quashed, when the allegations are of frivolous nature. I am not giving any guarantee about your case as the facts of each and every case are different.

Contest the application with force, you need not to presume that the application will be decided in her favour only.
Rajendra K Goyal (Expert) 02 October 2013
Oppose the application, ensure the services of some good lawyer.
Raj Kumar Makkad (Expert) 03 October 2013
I do endorse the advice of Kiran.


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