Divorse case verdicted, 398a case
Guest
(Querist) 08 January 2012
This query is : Resolved
hello lci experts,
i need your expert opinion on below standstill.
myself victim of 100% false 498a case filed on me/my mother/my 02 relatives, after which i filed for divorce and fortunately with all correct informations and facts the honourable district court verdicted for divorce decree (with one time alimony announcement for wife and my 6 year old son). this is fine and i will respect the honourable courts judgement to the best of my capacity.
coming back to the 498a case, now i know and have proofs of this being a 100% false case forced on me. now what options i have to counter this...
my specific question is:
- can i go for quashing this case in the higher court (high court), if so what are the steps (is there a process of mediation in high court when i request for quashing / stay)
- as the case is opened and i am not appearing in the trial (as i think the case has to go for the stay/quashing - for being a false one), do i stand / apprehend a chance of arrest to appear in the trial.
kindly advise.
ajay sethi
(Expert) 08 January 2012
yes you can move high court for quashing under section 482 if you are 100%sure its a false case and you are able to prove the same
Raj Kumar Makkad
(Expert) 08 January 2012
Generally high courts do not quash FIR registered under such sections. It shall be better to face the trial court and get released all other relatives either from high court under section 492 or during th e investigation so only you shall remain to face desired trial. The divorce shall also benefit you. Your chances to get entire relief from the trial court are best.
Guest
(Querist) 08 January 2012
@Mr. Ajay Sethi
Thank you and well noted.
kindly advise -
1. do i (accused here) or other accused (my family members) need to be personally present while we apply for the quashing of the case (sec 498a etc, 3/4 D/P and some more sections). i 100% know and can proove the implicated case is false.
2. is there a process of "mediation" also for the quashing / staying (u/s 482), and if so what is the point / significance of mediation at this stage.
@Mr. Raj Kr. Makkad
Sir, well noted your point.
But as I know, there is provision u/s 482 for filing a petetion in HC for stay (temorary relief) or quash (permanent relief) of the case (chargesheet or FIR whatever). to be honest, I am not in situation to face the trial due to my work commitments and hence the only way that i see is to appeal for filing petition to HC.
Kindly advise and thanks again for your kind and expert help.
M/s. Y-not legal services
(Expert) 08 January 2012
yes you can pray for quash before your high court., but dont expect that fruitful order only., whatever may happen.,
and before disposal itself you can pray for dispense the personal appearance of other respondents., especially for female respondents.,
-tom-
M/s. Y-not legal services
(Expert) 08 January 2012
and you are right section 482 cr.p.c only dealing about h.c's power., my senior makkad sir may be typed as 492 is by mistake., and just see your title, you also typed as mistakely sir., 398.a?
Guest
(Querist) 08 January 2012
thanks mr. tom
thats typing mistake - it should be 498a as we know. sorry.
Sushil Sharma
(Expert) 08 January 2012
face the trial and appear on each and every date in the trial court otherwise you will be put behind the bar. however on which grounds you got the decree of divorce, if on cruelty it will be very helpful for you in the trial of this case.
Guest
(Querist) 08 January 2012
divorce decree was on grounds of 'mental cruelty' and was filed by me in jan 2011 and was verdict-ed in sept 2011.
any suggestions, that could be of help, always welcome from the expert panel.
regards.
Devajyoti Barman
(Expert) 08 January 2012
1. For quashing there is no need for personal attendance. So rst assured.
2. If petition for quashing is admitted there would be a stay on Investigation or Trial as the case may be till it is finally disposed off.
Divorce suit is of no consideration in quashing.
Do not fail to note that mere falsity in allegations is no ground for quashing.
Quashing is an exception and not rule.
Read the latest decision of Supreme Court on this point in Arushi murder case.
Shonee Kapoor
(Expert) 08 January 2012
Dear Friend,
Show your FIR to an effective lawyer and decide whether the quash petition has any benefits or not.
With the divorce decree in your favor, you should not worry about the trial.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 09 January 2012
Yes! nothing is there to disagree.
