quashing of 498-A
bhavesh kumar
(Querist) 24 December 2016
This query is : Resolved
Sir, FIR& charge sheet of 498 -a is quashed by High court by mutual concent. I have received the certified copy of order. I am government servant . What should I do now?
Rajendra K Goyal
(Expert) 24 December 2016
The FIR is quashed.
If the department had taken note / action previously, inform the department.
bhavesh kumar
(Querist) 24 December 2016
Sir, how I approach police station with tha quashing order ? Which type of action police should take after receiving the quashing order?
bhavesh kumar
(Querist) 24 December 2016
Sir, how I approach police station with tha quashing order ? Which type of action police should take after receiving the quashing order?
bhavesh kumar
(Querist) 24 December 2016
Sir, Pl. Give information urgently.
Sudhir Kumar, Advocate
(Expert) 25 December 2016
First of all be enlightened that you cannot demand information urgently on this forum.
All experts are doing charitable job and will log on to the site as per their convenience.
Sudhir Kumar, Advocate
(Expert) 25 December 2016
The department was free to institute disciplinary proceedings against you without waiting for the court verdict and can do so even if you are acquitte3d (depending upon wording of acquittal)
Allegations under 498a (other than criminal acts) are also professional misconduct for govt servant.
In your case you have not been acquitted on merit and just wife withdrawn criminal complaint compromise. Deptt can initiate action.
Anyway unless you report the closure of the case to the deptt indefinitely then you face the disabilities of being accused (i.e non promotion, ACP, NFG, in-situ, non-clearance of probation, No VR/resignation or deputation)
This decision of the deptt would be valid and legally tenable.
Guest
(Expert) 25 December 2016
Mr. Bhavesh Kumar,
Very crucial facts are missing from your very short description, specifically whether you were arrested and for how much period and also what action was taken against you by the department?
Please state complete facts of the case.
Rajendra K Goyal
(Expert) 25 December 2016
Nothing more possible to add in the given facts.
bhavesh kumar
(Querist) 25 December 2016
Respected Sir, I had taken anticipatory Bail immediately after the FIR is registered. I have not been arrested. The case 498-a was pending in the court and Charge Was YET To BE Framed and trial was not started.
