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(Guest)

498 a case on me

I am from bangalore, my wife had file 498a on me, i got arrested and now on bail. i did a mistake, i realize my wrong now.

 

i want my wife back. i spoked with my wife in front of my lawyer and police, she is ready to take me back if i change all my wrong.

 

2 days before i got endowrsment copy from copy and chargesheet filed. but my wife came to court i waited for her.

 

Now what i can do? what are the procedure to get out of the case. please advice me

 



Learning

 12 Replies

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

If you both have reconciled your differences and decided to live together amicably, she can make her intention clear to the Police where she has lodged her complaint, the concerned police, if they have not filed any charge sheet based on her complaint, upon written statements from her as well you, will close the complaint endorsing that the matter is settled and the complainant has withdrawn her complaint.  Now since the matter is pending before the court, since it is a non-compoundable offence, the defacto complainant has to depose her witness, turn hostile to her complaint and all other witnesses shoul also turn hostile, then the court may acquit all the accused, that is how you have a chance now to come out of the case, do not try for quashing the case, it will take long time and consume energy money unnecessarily.

1 Like

(Guest)

Thanks for ur reply sir

( turn hostile to her complaint and all other witnesses shoul also turn hostile, then the court may acquit all the accused, that is how you have a chance now to come out of the case, ) i could not understand these lines. please explain me in simple terms please


(Guest)

Sir thanks for ur reply

(the defacto complainant has to depose her witness, turn hostile to her complaint and all other witnesses shoul also turn hostile, then the court may acquit all the accused,) i cant understand these line properly, please explain me in simple terms please

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

Since the case is non-compoundable in nature, she cannot withdraw the case on the basis of a compromise or settlement arrived out of court, it is a  case by the state, so she being the prosecution witness, if she is not deposing evidence as per her own complaint and turns hostile to her own  case, then there is no case made out and court will decide that the accused is acquitted as the prosecution failed to prove the case beyond doubt. This is the way the case will come to a close.

1 Like

India is great (Service)     02 January 2014

To

T Kalaiselvan

Sir 

1.    Please give a brief idea how 498A case proceed ? approx break-up time for every sub stages? 

2.    you said it is a crime against state and accuse person has to fight against state. but  practically according to the petition { 156 (3)} it is crime against a wife and according to my understanding she has to run to court for further proceding.  her testimony and other witness's testimony is primary requirment.  

3. your brief can be very useful for all falsely accused person  who has got no clear idea about complex legal system.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2014

Turning hostile means that she would retract her statement in court.

 

Also, quashing can be another option for you.

 

But please note, that she can still file the same cases in future.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2014

Dear Ajay

File a quashing petition before court u/s 482 of Crpc based upon the settlement, this is the easiest way to get out of this case.

1 Like

(Guest)

Thanks for ur reply Shonee Kapoor sir.

 

But i made the mistake,she never filed false 498a on me. so only i need my wife and live peace without case.


(Guest)

Thanks 

Nadeem Qureshi sir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2014

Go Ahead by all means.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Sudhir Kumar, Advocate (Advocate)     25 January 2014

fresh thread at

 

https://www.lawyersclubindia.com/forum/Help-to-remove-my-wife-from-my-house-96445.asp#.UuM8jfvhUsY

Sudhir Kumar, Advocate (Advocate)     25 January 2014

you said

 

". i spoked with my wife in front of my lawyer and police, she is ready to take me back if i change all my wrong."

 

it indicates that door of peace are shut by you.  You have not said on this thread that charges are false.


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