Squash of case filed under sec 498a
SIDDALINGA SWAMY M.P
(Querist) 31 March 2012
This query is : Resolved
My brother got married in the year Dec. 2006. By June 2007, his wife went to her father's house and did'nt turn up. We have made efforts to take back her. but all in vain. We have complained to Police and then filed a case against her for Restitution of conjugal rights. Due to the misguide of our advocate we lost the case without hearing (not attended for hearing with the instructions of our Advocate). The case was dismissed. She filed an application for interim maintenence. Apart from this, She filed a case against our family members u/s 498A. Now, we are on bail. The reason for 498A is that we have not given food to her. This is beyond the truth. This is purposeful and they are misusing the provisions of 498A.
Can we ask for a squash in the High Court? What is the procedure? Pl Advice
ajay sethi
(Expert) 31 March 2012
quashing petition lies before the High Court and in such kind of petition the High Court can not appreciate evidence or look into merits of the case, rather the high court will quash the FIR only if there is an abuse of process of law or the prosecution itself is malafide.
but if the facts are required to be proved by way of evidence then high court will not interfere.
prabhakar singh
(Expert) 31 March 2012
Quashing is an exception and not the general rule.
Shonee Kapoor
(Expert) 01 April 2012
Quashing happens on legal grounds only. if those grounds are not made in the FIR, you would need to fight the case on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 01 April 2012
u need to defend ur self. Quashing is very difficult.
SAINATH DEVALLA
(Expert) 01 April 2012
Dear Swamyji,
Going to the high court for quash,is only a 50-50 chance.It may ork out or it may hit back.Every 498 A case is not won by women.But initially the husband's family faces a lot of humilation.That is the problem.You have to build up good defence to fight out.Why was your advocate not vigilant to the proceedings?Even though the case is entrusted to an advocate,as a client you have to follow up regularly.That's the way I educate my clients.
sibasish pattanayak
(Expert) 01 April 2012
Dear Swamy ji ,
I would like to pay my respect to all experts as they opined in your case , but if you are true that ...." 498A reasoned that she was not provided food ...during her stay" ... THEN YOU MUST GO TO HIGH COURT IN YOUR JURISDICTION as the defination of 498A I.P.C . DOES NOT ATTRACT, PLEASE CONSULT WITH AN EMINENT CRIMINAL LAWYER IN YOUR JURISDICTION, you may consult 498A I.P.C.(WITH subsection a & b of the definition)
lastly you may file an application b4 high court for a direction of SPEEDY TRIAL.
Regards ,
sibasish pattanayak, Advocate,mail:sibasish_adv@yahoo.co.in
www.snslegal.in
mail to : advocatesibasishpattanayak@snslegal.in
09874854594 /09874080022 /09231668664 /09477090999.
SIDDALINGA SWAMY M.P
(Querist) 05 April 2012
I am very greatful to all the experts for their valuable suggestions.
My special thanks to Sibasish Pattanayak Sir.
Definitely I follow up with my Advocate. He said he has 90% confident this case can be quashed by High court.
