498a

Mohan (Querist) 15 February 2013 This query is : Resolved
Respected Jurors
This is second time I am asking a query in this forum
My ex had filed 498a,341,504,323,324,506b on 27-9-12
The charge sheet is submitted in the court
In the FIR it is mentioned that I used filthy words to her on that day and hit her with my shoe, Later I threatened her with a knife- False statement. I am translating the kannada FIR and charge sheet
There is wound certificate from a private hospital which says the wound is abrasion and simple
That is all in the FIR and charge sheet
The charge sheet has 6 witness (None of them were present on that day)
The police know that it is a false case and the IO went to my tenants and took signature from them as witness

Since there is no mention of dowry or harassment can I go for dismissal of this case

Regards
B.mohan

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Advocate M.Bhadra (Expert) 15 February 2013
In absence of proper evidence the case may be dismissed after trial or file a Quashing Petition u/s.482 Cr.P.C. in High Court.

Rajeev Kumar (Expert) 15 February 2013
Your case have good grounds for quashing u/s 482 of cr.pc in highcourt and your case will be dismissed after trial due to absence of evidence and no proof of dowry which is essential component of sec. 498 A of IPC.

Nadeem Qureshi (Expert) 15 February 2013
Dear Querist
you have right to filed a quash petition but the court only consider the proof, if you have very strong proof in your favour, you should filed quash petition otherwise, no need to waste your time and money.
Feel Free to Call

Raj Kumar Makkad (Expert) 16 February 2013
In quash petition, the evidence in your hand is not to be read rather a general perview is taken and generally high courts do not quash the FIR merely on the grounds you told. It is better to face trial and get acquittal.

Mohan (Querist) 18 February 2013
Respected Jurors
I have decided not to go for a quash.
Now without a prima facie evidence I have been prosecuted and remanded. I feel it is a human rights violation
Please advise me

Regards
B.Mohan

Sudhir Kumar, Advocate (Expert) 20 February 2013
First you act as advised by Mr Qureshi and then think of HR violation. Right now you have no time for philosophical discussion.