498a, domestic violence,3/4, female foeticide
Basant Kumar
(Querist) 18 December 2018
This query is : Resolved
Dear Sir,
My wife filed 498a, Female foeticide, DV case against me and my family on feb'18 FIR got registered in March'18. All of the family members were called upon to the Police Station. We submitted all the proofs. After the meeting held under the ASP with the girl family and my family together, where I proved how she is lying by providing medical documents, train tickets and other documents.
Police has just submitted the Final Report in the court and shown that due to lack of evidence no family members including me primary has not been charge sheet-ed. Final decision from court yet to be received. However, we have come to know that court has asked the petitioner to come before the chief magistrate for any protest but no one from my parents in law family turned up in the first date. Now, they have filed the protest petition.
Please let me know the next step. Can I go for Quashing the same at High court.
Regards
Basant Kumar
Vijay Raj Mahajan
(Expert) 18 December 2018
The Judicial Magistrate will decide their protest petition and if he too finds no evidence existing against any of the accused, he will dismiss the protest petition and discharge all the accused as requested by the police in their closure report.
Wait for the final order of the JMIC, after that any further step to be taken.
Basant Kumar
(Querist) 18 December 2018
Thank you Very much Mr. Vijay Raj Mahajan sir. Last time what you had predicted was absolutely right. Thanks once again sir.
Dr J C Vashista
(Expert) 19 December 2018
1. I agree and appreciate expert advise of Mr. Vijay Raj Mahajan.
2. Wait and watch for pronouncement of judgment, the case is going to fall flat/ dismissed in the given circumstances. Chances are there that she may not appear and the case shall be closed, however, it is just a prediction.
3. You have already engaged an able, competent and intelligent lawyer, seek his/ her guidance and proceed accordingly.
