498a


Hi, i am from Baroda and I need an urgent suggestions, 1: MY wife has filed 498a complain in 2014 and I have received summons from magistrate to appear in court after 4 years for 498a complain. In 2014 we went to police station and given our statements. How should i proceed with this now please guide? 2 Along with 498a she also filed DV in her home town Gandhidham, This case has came in my favor as she has failed to submit proof and affidavit. I have certified copy and Will this in anyway can help me in 498a case? We have got bail in 2014 itself. Are there any chances of arrest if we appear in court on the given date. Request to please guide on how can i proceed. Thanks Jeetendra
 
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Advocate

Sir, 

 

Yes the favourable order in DV case can help you, but you have to argue your 498A case on its own merits and if the chargesheet has been filed, then you can go for discharge of the case. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 

 
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Advocate

The bail is granted and so no arrest will be done now. The criminal complaint based on FIR u/s 498A IPC is independent matter and it has to be defended by you in the court proceedings initiated by the Magistrate in the matter where you need to appear with your advocate on the dated fixed. You can even try for quashing of FIR and criminal proceedings from the High Court on the ground of delay in filling chargesheet by the police and falsehood of the criminal complaint that was based on similar facts and circumstances which got decided in the Domestic Violence case filled against you.The same you can use in the Magistrate court at the time of Charge stage which will be fixed by the Magistrate after you make your first appearence in the court. The Magistrate may consider the decision of Domestic Violence case as that was based on similar facts and circumstances.

 
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Dear sir,

Much thanks for your suggestion, I have already filed for quashing the 498a in High court, but court has directed that this can be filed in local megistrate first.

Can i again go for discharge of case beofre the appear date?

thanks

Jeetendra

 
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Advocate

First mark your presence in the court. Move application for discharge. The magistrate court will fix date for hearing your application and framing charges.
 
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Advocate

Yes, appear in the Magistrate Court through the advocate, get the charge report and decide the course of action in getting discharge/acquittal.
 
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