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salim shaikh (designer)     09 August 2011

498-a squashing in high court....

dear friends,

my beloved wife has filed a false 498-a against me and my family. Now we are out on bails.

Our marriage was on - 17 May 2010

First She sent me a notice -

I replied back to notice. Cleared that I am willing to take her back.

I filed RCR in Feb 2011.

In March 2011 she has filed Domestic violence case against me and my family.

In June 2011 she has filed 498-a . case against me n my family.

Still chargesheet is not prepared.

i am planing to move high court for quashing the 498-a ad DV cases. as they are "After Thought" and purposly done to harrass me and my family.

What are the chances to HC. that is suffiecient evidence. To quash the 498-a. plz. suggest...

 

regards,



Learning

 4 Replies

Sanjeev (Lawyer)     09 August 2011

Normally HC would not quash the case unless the facts/evidences are such that there seems a valid ground for quashing. HC usually would direct the case back for trial. 

Avnish Kaur (Consultant)     09 August 2011

hire a good lawyer, he can do the trick for u

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 August 2011

Dear Querist,

 

Your bonafide appears to be proveable on a prima facie basis which is the reason why notice may be issued by the Hon'ble High Court after hearing your petition u/s 482 CrPC. Besides facts in your favour, prepare grounds carefully such a way that would adequately bring in the facts and  laws effectively.

 

Trust this would suffice.


(Guest)

Please go throught the section 498A ; It reads..

 

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

 

Explanation

 

For the purpose of this section, “cruelty” means—

 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand


If you prove that in the complaint the above mentioned points does not exist..then only the complaint may be quashed.


if any part of the complaint satisfies any part of the above mentioned section..then the complaint will not be quashed.


Regards,

RV


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