Anurag (a) 21 July 2013

498a discharge application u/s 245 crpc

False allegations under section 498a and 3/4 DV act. HC ordered us to pay 40,000/- to the girl else stay cancelled. We decided not to give money to the girl when the allegations are false and just to extract money.

Filed application u/s 245 CrPC for discharge and provide all evidences (video+audio) to the Lower Court. Lower court accepted our application and asked opposite party to file reply. But opp. party insisting the Magistrate to take action on us as we have not complied HC order.

Pls advice.

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4 Replies

Chetan Joshi (Advisory/Advocacy) 21 July 2013

You have to adhere with HC's order else stay will be cancelled, you can move to SC in case you want to.

Regards

Chetan(dot)7679(at)gmail(dot)com

Anurag (a) 21 July 2013

On what ground we have to move to SC where u/s 245 we have right to file evidences and request court.

Also whether giving money to girl is the only way our stay can be continued, looks disgusting? Seems Indian courts are here for two things a) providing money to the girl and her family and b) putting boy behind bars.

We are ready to be behind bars but not to give any money to girl to stop this practice of filing false 498a cases and earn money by the girl's family.

If the lower court has accepted our 245 crpc application, the magistrate must be knowing the HC order also. What rights now we have when Lower court has accepted our 245 applicatioin.

Pls advice.

Chetan Joshi (Advisory/Advocacy) 21 July 2013

True! The partial order is in itself a ground to move to the SC.

Your agony is accepted and understood.

Regards

T. Kalaiselvan, Advocate (Advocate) 16 September 2013

If you do not the High court order, you stand losing your case, once you have an option of approaching Supreme court for desired relief, approach it and explain your stand