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Gautam (Engg)     09 July 2012

498a discharge

Hello All,

Police has filled charge sheet, they have attached Govt hospital medical Certificate, in which they have mentioned that there is physical abuse mark on my wife body, I don’t know how they got this medical certificate.

I and my wife were staying away from my parents. My parent was not interfering in our life. But then also she has filed 498a against them just for harassment.

In charge sheet she has mentioned that we were demanding money from her father, but she has not mentioned any particular amount.

She has also mentioned that I was beating her because of female child, but no such things happened.

Actually the thing is,

She is always taking doubt on me that I am having some affair outside, because of which there was a daily quarrel between us. I filed divorce in Dec 2010, but during counseling, I agreed to take her back. But for safety side I took her written statement on Rs100 stamp paper and we start living separately from my parent.

But she was not changed. She was giving me threat that she will do suicide and put blame on me and my parents. She tried to drink poison also in front of me. Because of this I filed complain in local police station. But they have just filed NC. And told me that “we are not here to interfere in your family matter”

I was in tension; I called her father and told him to take her daughter for few days. After a couple of days they filed 498a.

Now my question is

1. Next date is charge framing, can I apply for discharge of 498a

2. What is the ground for discharging 498a in my case

Please help

Thanks in advance

 

 

 



 5 Replies

Guest (Guest)     09 July 2012

You can file for discharge on the ground that there is no prima facie evidence. Considering the fact that the police has produced a medical certificate, it is very unlikely that discharge will take place. Trial will take place wherein you will get an opportunity of rebutting her allegations during cross examination.

1 Like

Gautam (Engg)     09 July 2012

Thanks for quick reply Mr Ashish Sir,

Prima Facia Evidence (Medical certificate) is presented for me.

I was staying away from my parents. So can i apply for my parents discharge from 498a?

 

Regards,

Gautam Kamble

Guest (Guest)     09 July 2012

Yes your parents can apply for discharge. The court might not discharge them, and in that event they should seek quashing of the FIR and the charge sheet.

1 Like

Raj.K (Manager)     10 July 2012

i think parents should send defamation notice to withdraw the case or face perjury on them for involving them with malicious intentions to harass them in a false case on them? any lawyers can comment if this is possible?

Guest (Guest)     10 July 2012

Defamation notice will not serve any purpose at this stage. Even if they go ahead and file a defamation suit no proceedings will take place unless the trial is over and they are acquitted.


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