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dirdzReddy (Software engineer)     21 June 2010

498a,313,307, need advice please help.

Hello

Please help me.....

I got married on 20 May 09.

i am from bangalore and a software techie. my wife is also from bangalore.

My wife has filed false  498a ,313 and 307 on my mother and me on 21.02.10.

She has not complained on my father.

The FIR states that they have given given 2 lakhs dowry out of the 5 lakhs demanded. Also states that we were harassing here to get the remaining money.

She was 31/2 months pregnant, also stated in FIR that me and my Mom kicked her and she had to abort. She has provided a false medical certificate.

Also as per FIR, she states that we had tried to kill her using pillow, and some how she managed to escape,and locked her self. Thus 307.

We are out on bail. The chargesheet is not filed yet.

The lawyer says we better wait till the charge sheet is filed.

Is he right?

My questions are

1) Is there a method to quash the case, if the I/O gives a B-report? ( If we get some sought of pressure from higher officials or some minister)

2) Can i get my Mom get out of this mess?

3) How critical is 313 as this is the only issue which has a certificate. All the remaining are only told .

4) Since my Dad is out of this mess, is there a way to get my mom out of this mess also.

5) Also as per the FIR report mentioned above, how long will this case go on. 

 

Please advise me, as i am in tremendous pressure and very depressed.

Thanks in advance



Learning

 22 Replies

Anmol Sharma (advocate)     21 June 2010

no worry... 307 is difficult to prove.. you live with your parents or what?

my suggestion is go to a top criminal lawyer and file a petition for quashing it...

this is will check the harassment, give you breathing space and will frustrate their camp..

 

no need to influence the IO

dirdzReddy (Software engineer)     21 June 2010

Thanks Anmol sharma for your speedy reply.

Yes i do live with my parents.

I want them out of this mess as soon as possible.

Thanks

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 June 2010

IN GENERAL' QUASH AT H.C' WILL GIVE SOME RELIEF TO YOUR PARENTS. TRY IMMEDIATELY AFTER CHARGE SHEET.

Anmol Sharma (advocate)     21 June 2010

even former chief justice of India is on record to say that 498A is misused... Judges too know the state of affairs... just consult your local top criminal lawyer, he will definitely help you out...

dirdzReddy (Software engineer)     22 June 2010

Please let me know how critical or important is 313.

What waitage does it have on my case?

When can the charge sheet be filed based on my FIR?

i have read that there is no stipulated time to file the charge sheet (3 years). Am i correct ?

Thanks.

Anmol Sharma (advocate)     22 June 2010

but you are saying she has a "false" medical certificate.... has she put her signs in the consent form... 313 no doubt is harsh section but police can take their own time to investigae and only high court can order them to complete the investigation within proper time..

yo should go for quashment of the FIR now.... but I told you before no one can help you online.. meet a lawyer of your area..

Jatin Sapra 9312223345,Delhi (Advocate)     22 June 2010

Hello,

u find it abid difference in my opinion and whatever was opined to you by my Ld friends.My advise regarding your case is first wait till filling of the chargesheet  and see whether there are allegations as well as material on record to show justifing  your mother's accusation in the present case.

As far as quashing  is concern i did not find this  case in any sense can be quashed there are allegations against your mother that she kicked then at least 313 IPC will made out .

So its better till the filing of chargesheet even further i can get her discharge by trial court or go for revision if ur lawyer find it suitable.

case can be quashed where  prima facie  case will not made out and in prsent case first chargesheet  and then evidence in court will decide the truthfulness of the case.

Regards:

JATIN SAPRA,ADV.

Munirathnam (Scientist)     22 June 2010

Hi Diwakar,

I would suggest to investiagte on getting the false/fabricated documents to file case on 313 IPC. Sed some other lady to the doctor who supplied the false documents to your wife, and fabricate false abortion certificate, choose the lady who is got operated not to have children and catch him using media and police.

Thanks,

Muni.

Ravikant Soni (LAWYER IN JAIPUR)     22 June 2010

You should approach to IO. Tell him the truth. Is there any document was produced by ur wife regarding injury as alleged by kicking? ie Injury report... If your want to get rid of the case then you must do some efforts. You ll have to collect evidence to falsify your wife. Like voice/ video recordings etc. And show these to IO in furtherance to prove your innocence. High court never quash proceedings at investigation stage. If false documents produced than get certified copies of the same through RTI. You can insist to send them in FSL. You may also apply for medical of your wife. If IO not co-operate you then apply to upper ranked police officials for change of IO.

Once chargesheet filled against you then the only way shall have remain just to fight the case. 

dirdzReddy (Software engineer)     22 June 2010

Thanks every one for your valid comments.

Talking about the 313. i tried to collect the certificates. but the hospital is not ready to give such reports.

My wife has a close relative working as a puchase manager in the hospital.

They have first gone to the governement hospital,she was only a out patient there,  informed that my husbad has kicked and needs to takes or under go abortion at a diffrent hospital.

the report of the other hospital is not know, as they are denying the report. On using some influence i managed to pressure the hospital people. but they said that there is no such case at all.

But my Mom saw the report when the I/O had come for questioning.

But when asked in writing they are denying it saying please provide the IP number more details .

Do i have a method to collect the documents from the hospital?

 

 

Anmol Sharma (advocate)     22 June 2010

mr soni,

there are so many judgments where fir has been quashed at the investigation stage...

dirdzReddy (Software engineer)     23 June 2010

So Anmol sir,

do i have any hope in trying for an FIR quash.

Anmol Sharma (advocate)     23 June 2010

it would be foolish of me to comment without seeing the FIR...

but my experience is going for quashment and staying the investigation at this stage frustrates the police as well as the girls family...

IO of the case loses interest as proceedings in the High Court will also take time..

Meet Your lawyer...

Ravikant Soni (LAWYER IN JAIPUR)     23 June 2010

why dont you try under Right to information act to collect papers of abortion??


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