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vishak (manager)     18 January 2016

482 quash or discharge - which is better

Dear Experts

We have settled in HC mediation for xx sum. Now she is to withdraw all civi & criminal cases.

In 498a case, charges are still not framed.Now oppsite lawer is suggesting following ways to come out :

1) While charge framing, he would be there with party and convince court not to frame charges and discharge me. (possibly u/s238 or other applicable sections)

2) get the charges frame and i trial she change statement, and i will be acquitted. This will avoid HC formalities.

3) After charge framing, we will file 482 quash in HC and case will be quashed accordingly.It will involve new lawers at HC and more time consuming

What is the best way from my angle to go further ? kindly suggest suitable and practical solution

Thanks

 



Learning

 4 Replies

Sidharth   18 January 2016

When you get date for" Argument on charge"

Ask opposite party not to oppose you, and get discharge. 

 

Vijay Raj Mahajan (Advocate)     18 January 2016

 

Firstly note it, section 498A IPC complaint is not a private complaint of the wife, it is State complaint according to FIR lodged by the wife against you, and she has no say in the matter while charges are being framed by the court against the accused in the State case.

Secondly,  the change of her stand/statement with regard to her FIR can be possible and if the public prosecutor doesn't object to this allow the court to acquit the accused the matter ends there itself. However if the State is not satisfied with the acquittal order can move appellant court in appeal and can even seek prosecution of the wife for changing her statement and ask the court for charging her for offence of perjury, it means dual trouble for both parties.

Thirdly going to High Court by both requires either joint quashing petition filed under s 482 Cr.P.C read with Article 227 Constitution of India or by the husband when the wife is made one of the respondent along with the state, in that case  the wife has to appear in court and state her consent for quashing of the FIR and proceedings under s 498A IPC, the matter resolved in High Court gives finality for the matter for even.

vishak (manager)     19 January 2016

Sir

Suppose discharge is given then is it equal to acquital order, from my point of view

Or what does it mean generally and in the eyes of law.

Sidharth   19 January 2016

Not agreed with vishak.

Legally It is case between you and state. 

And NOT between you and your wife. 

That's why you have to go to HC and file quash petition u/s 482crpc.

Your wife and her family is only witness in the court. And I/O and other police officers are also witness.  

It is MANDATORY to go HC for quash


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