498a quashing

s sharma (Querist) 11 March 2015 This query is : Resolved
In the restitution of conjugal rights I got a favourable order but my wife filed an appeal for it which also got in favour of me. Now I filed a criminal mc in the high court to quash the 498A but the single bench is not getting it quashed even though I have a divisional bench mat appeal order to prove my innocence.

1. What can I do if it is not getting quashed?
2. Where can I go for a appeal for it .
3. is it possible for a single bench to ignore divisional bench order.
4. What I can do if the justice is biased or to whom I should approach to lodge a complaint against the biased justice?

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Dr J C Vashista (Expert) 11 March 2015
1. Quashing of FIR u/s 498A IPC is different from RCR.
2. If you feel strong and aggrieved by the judgment/order passed by DB you may file an appeal in SC.
3. Consult your lawyer and proceed as advised.

Guest (Expert) 11 March 2015
The nature of your queries reveal, as if you are making a schedule at least for the next 10 years or more to cover all the stages of your case!

However, my opinion on the pointes raised by you are as follows:

1. What can I do if it is not getting quashed?

ANS: You will have to defend your case on merits of the case.

2. Where can I go for a appeal for it .

ANS: Your query is premature. Put before the experts only when the 498A charge sheet is not quashed or judgment in the case is made against you.

3. is it possible for a single bench to ignore divisional bench order.

ANS: Again, your query is premature. Put before the experts only when you are made to face any such problem.

4. What I can do if the justice is biased or to whom I should approach to lodge a complaint against the biased justice?

ANS: Still again, your query is far far premature. Put before the experts only when you are made to face any such problem.

ajay sethi (Expert) 11 March 2015
agree with dhingraji

Rajendra K Goyal (Expert) 11 March 2015
Agree with the expert PS Dhingra ji.

SAINATH DEVALLA (Expert) 11 March 2015
Dhingraji, has given a clear picture of UR case,do acordingly

R.K Nanda (Expert) 11 March 2015
file quash petition in high court before 2 judges bench.

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T. Kalaiselvan, Advocate (Expert) 12 March 2015
I too agree with the opinions of expert Mr. Dhingra. Further, in my opinion, you may better challenge the 498a case in the trial court itself where you may get the desired relief.

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