LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Quashing after AB of 498a nd CS been filed already.

(Querist) 30 July 2016 This query is : Resolved 
Dear respected sir/madam,

Me nd my family members got AB nd got it regularised too. Now can i think of quashing of the 498a. As time mentioned i was in another city of the accused is a neighbour nit in blood relationship. And most importantly one of the cases police specifically mentioned time the 498a lady mentioned in her pitition is not present in my address i have other proff to satisfy the truth that she was not staying with us. CS also been filed. Should i go ahead with this quashing or it will backfire or make the lower court trail harder. Pls advice i am in dilemma whether to go ahed with this or not. Thanks in advance as i always received quality and helpful advice from the experts here. Pls tell if ny more details you require i will provide the same. Thank you very much.
Dr J C Vashista (Expert) 31 July 2016
Consult your lawyer, there are some unnecessary abbreviations and missing facts rendering the query to be a vague.
Rocky (Querist) 31 July 2016
My lawyer suggesting for trail of 498 but from other sources like men rights save Indian families they r suggesting for quashing. Tell me what r missing i will let u know in next post
Devajyoti Barman (Expert) 01 August 2016
Quashing is not a right that one can wantonly exercise.
I must tell you that falsity of complaint is no ground for quashing.
If there is apparent improbability or disclosure of no offence then only quashing is allowed.
Since content of FIR is not before me I can not comment on merit of quashing.
Rocky (Querist) 01 August 2016
Thanks sir. Body of Cs is just reflecting Fir but few important section dropped like 307,406,494.
Dr J C Vashista (Expert) 02 August 2016
@Rocky,
Yours is a very hypothetical query or an examination hall question.

Could you please explain the circumstances where case u/s 498A IPC is tried whereas charge u/s 307/406/494 IPC have been dropped? It is absolutely unbelievable.

Consult a local lawyer for proper appreciation of facts of the case, which you are unable to explain.
Rocky (Querist) 02 August 2016
Dear sir

Its my life going through a tough phase not hypothetical. Me and family were facing torture from wife physically as well as mentally. I filed contested divorce on merrit of few police complaint few audio video evidence and few police complaint. They filed various cases on reply. Firstly 144,107 after few days u/s156(3) they lodge fir with 498a, 307,406,494 etc then followed with dv, 125, hma24.

Me and my family total 9 accused got AB and regularised.

These r the brief case details. If u required more information pls specify i will post in my next post.

Thanks.

Rocky (Querist) 03 August 2016
In 144 pr stating that she not at all staying in her matrimonial home and she had recd divorce notice in her parental home. She tried few times to enter in her matrimonial home but failed. On basis of that the case is been dropped. In 498a case cs submitted where 498a, 34, 323 remains all other cases like 307,406,494 not there.
Devajyoti Barman (Expert) 03 August 2016
Without seeing CS no proper advice can be given at least on the merit of the quashing.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :