Possible or impossible by using u/s 482 cr.p.c. to quash the proceedings u/s 498a
Sudhakar
(Querist) 07 April 2014
This query is : Resolved
Respcted Elders,
I got married on october 15th 2010, and my wife left me and matrimonial home with in 15days i.e. on october 30th 2010 without a single reason. After she refused to turn up, I filed in family court as petitioner as that my marriage is Null and void as per section 12 1 (a) as per Hindu Marriage Act.
In return, she filed a 498A Case near to her police station.
I will be going to TYPE below the whole, what ever she has written in that 498A complaint copy...
After reading the whole complaint copy please suggest me whether am I eligible to apply U/s 482 Quash process in high court of my respected state.
My wife written complaint as:
""""
To
The Police Station Officer
xxxxxxxxx Station
xxxxxxxxx City.
Respected Sir
I Deepika got married to Sridhar on October 15th, 2010 in so and so wedding hall.
As per demand me and my mother and my uncle gave an plot original document papers, 7grams gold, 25,000 worth marriage furniture to my husband family.
Since on the marriage day, my husband says he is not interested in marriage and he doesnt like me on the very next day. My Husband always used to say to me to go away to my home from the next day of marriage date. From the next day of marriage, Everyday my wife, my uncle and aunt made me to sleep outside of house, they did not gave food to eat and used to cause more vexation. After 15 days my husband dropped me at my mother home in same city and never took me back to his home
After dropping me at my mother home, my husband used to make phone calls to me and to my mother and used to fear us using abusive words.
My husband always used to made me trouble in those 15days by saying to leave home.
They were using abusive language. Please save me. Please take proper action on my husband and on his family
Thanking you
Yours sincierly,
Deepika
"""""""""""""""""""""""""""""""""
Respected Experts, thats what above my wife written complaint copy in police station
Please Suggest me whether I can go to high court to make this case quash under section 482 Cr.P.C.
Awaiting for favourable reply
ajay sethi
(Expert) 07 April 2014
fight case before trial court on merits . obtain AB
Sudhakar
(Querist) 07 April 2014
Thank you Ajay Sethi Sir, What does AB mean, Do you say that Its waste of money and time going to Quash in high court
Guest
(Expert) 07 April 2014
"AB" means "anticipatory bail" to avoid arrest.
Sudhakar
(Querist) 07 April 2014
Those bail process and everything got done sir, Now my question is Can i approach High Court for Quash the case in lower court as per section 482 Cr.P.C.
Sudhakar
(Querist) 07 April 2014
please help me for my above question, can i go to quash in high court under section 482 cr.p.c against 498A
ajay sethi
(Expert) 07 April 2014
if there is settlement between you and your wife court will quash 498A complaint .
if there is no settlement chances of court quashing 498A complaint are bleak . there are allegations in complaint regarding dowry harassment regarding demands made for land , gold , cash and furniture . whether allegations are true or false can be decided only in trial
Guest
(Expert) 08 April 2014
Rightly advised by Shri Ajay Sethi.
Sudhakar
(Querist) 08 April 2014
Respected sir,
I aggree with your opinion that she has furnished every details which suits the sections 498A.
This case was filed on in year 2011 in police station.
Upto here everything is fine.
But...
In 2012, she filed an affidavit case no. OP XXX /2012, for maintenance under RULE 38 as per criminal practices. In this affidavit she stated and written in paragraph 14 "No Dowry was Demanded".
Now please guide me and suggest me that using this paragraph, Can I go to Quash Proceedings by proving to high court that she herself accepted that there was no dowry demand.
Please guide me
M.Sheik Mohammed Ali
(Expert) 08 April 2014
where are you from ? are you in chennai ? if yes call me
Sudhakar
(Querist) 08 April 2014
Help me for my above question
R Trivedi
(Expert) 08 April 2014
You are at liberty to use any or all lawful methods to get out of legal mess. Nothing stops you from approaching jurisdiction HC for quash under S.482, draft your petition in a manner that it requires less triable defense points from your side. HC in general entertains quash under S.482, only if there is incontrovertible evidence (not requiring any analysis of evidence). Her affidavit is proof enough about "no dowry demand". She survived for 15 days without food, that also is good enough that there is some lie in this, highlight on these line.
Rajendra K Goyal
(Expert) 12 April 2014
Agree with the advise of expert ajay sethi ji.
