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Venkat   10 October 2025

498a case judgement

Hello, A 498a along with section 4 and 6 of dowry prohibition act were lodged against Husband A(1), Mother in law (A2) and sister in law (A3). Since A3 living abroad A1 and A2 requested for split of case in the trial court and it was splitted into two cases. After the trail, the court has given the judgement for A1 and A2 as not guilty and given the acquittal and case is closed. Divorce is granted by a family court as well. Now what has to be done for the pending case of A3 where she lives abroad and cannot attend the court but the NBW still pending and case continues. Any scope to get the case closed without presence of A3? Request the experts to give their valuable suggestions. Thank you 🙏


 9 Replies

P. Venu (Advocate)     10 October 2025

She can move the High Court based on the Police Report but not on the basis of the acquittal of the other accused. Of course, the latter aspect could be mentioned in the petition but grounds urged ought to be based on the Charge Report.

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 October 2025

Firstly she may have to get the warrant recalled, but for executing the bail into regular bail she may have to be physically present.

However based on the acquittal of other accused she may even file a petition before high court for quashing the charge sheet against her.

1 Like

Dr. J C Vashista (Advocate )     11 October 2025

Prima facie facts posted are unbelievable and fabricated since the complaint case cannot be separated against mother in-law / sister in-law, husband and other co-accused. It is also impossible / unbelievable to exonerate  one / few of the co-accused amongst others.

Can it be possible that an accused stated to be living abroad commit an offence punishable under the provisions of Section 498A IPC?

However, if so, seek guidance of your lawyer to get NBWs cancelled against the accused living abroad.

1 Like

P. Venu (Advocate)     11 October 2025

What is the Case No.? Which Court?

However, to my knowledge, the facts posted suggest the case to be on Police Report.

1 Like

Venkat   11 October 2025

Thank you for your response Sir.

It is an absolutely fabricated case only to threaten the husband and extract the money. Hence there is no evidence for the case filed and it was closed by the trail court after the trail and arguments. 

Chargesheet doest have any statements about A3. 

Mariage lasted only for a week. A3 though living abroad was simply added in the complaint since she attended the marriage. Thats the only mistake done.

I'm seeking advice on how to close the case without disturbing A3 life.

Advocate Bhartesh goyal (advocate)     11 October 2025

Mere allegations in FIR does not constitute offence against any accused there must be some evidence or proofs against him .In your case no evidence against A3 in chargesheet so A3 has to file petition under sec 482 of Cr.P.C  b3fore High Court for quashing of chargesheet .

P. Venu (Advocate)     11 October 2025

It is the settled law that the High Court can quash the chargesheet, rerad as a whole and accepted in its entirety,  if does not disclose the offence as alleged.

T. Kalaiselvan, Advocate (Advocate)     11 October 2025

You have been advised to file a quash petition to quash the charges against A3, the high court may consider quash based on the quash of charge sheet in respect of A1 and A2.

Dr. J C Vashista (Advocate )     12 October 2025

Seek professional services of the lawyer engaged by the accused persons to get the FIR qushed by High court.


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