482 quash :please help
Guest
(Querist) 06 February 2013
This query is : Resolved
1)Wife is not residing to matrimonial home from 02.09.2011
2)Husband filed child custody case on 16.05.2012
3)Wife receive summon from her parental home 22.06.2012
4)Several letter to come back matrimonial home , wife received from parental home
5)After that wife file 498a/406/34 against husband and family 14.09.2012.
6)In charge sheet wife has mention that she is not her matrimonial home
since 02.09.2011
Now local layers is advising go for quash. Assuring that 99.99% chance of quash , as
she was not matrimonial home for more than a year and filed 498a/406/34, in charge sheet she also claming that.
She has accused physical and mental torture and some vague points (abnormal)
Will it be good to go for quash? it is very costly, we are from middle class family, please advise
ajay sethi
(Expert) 06 February 2013
you cant afford legal fees for quashing . fight case on merits in trial court
Advocate Ramesh
(Expert) 06 February 2013
you can try for quash . as per advice of your local lawyers
Nadeem Qureshi
(Expert) 06 February 2013
Dear Mr. Ayan
The offence/allegation against you u/s 498A/406/34 of IPC have limitation time for Three Years from the date of Occurance.
Read section 468 of Crpc.
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
Read the sub section 2 (c) Clearly mention the limitation.
No need to go for Quashing, it will be waste of your money and time too, Fight the case before court with honesty.
Feel Free to Call
Guest
(Querist) 07 February 2013
Dear Ajay ji and Naddem ji
I am MCA & works as software professional ,need passport , visa for each time. Each 1 or 2 years I should have to change company .Each time police verification is done & valid passport verified. Some company Fill up a form ,where there is a column "Is there any police case pending against you ?".We have received charge sheet copy.
I am the only earning member of the family, my both parents are senior citizen, and medical bills are lot.
Then how to cope with this passport & visa and police verification problem ? How to save my career ? the 498a/406/34 case may last for 7-8 years, what to do?
ajay sethi
(Expert) 07 February 2013
98%^of 498A cases are false . you have to fight on merits . try to arriave at an settlement with your wife . unfortunately while case is pending you have to obtain permission from court if you want to travel abroad
