Short Background of the case
1. My marriage happened on 2007 after 3 years of love relation.The problem started as I did not supported for not seperating with her leaving my ailing and elderly parents.She tried to create nasty acts while staying in my home to show that my parents are not liking her and I should seperate with her. Failing that she left the house and while I tried to take her back she used to provocate me in quarrels and used to record that to blackmail to go with her wish otherwise I will lose my career with police cases.
2. My wife had left the matrimonial house 1 year(Jan 2008) ago on her own will before my date(Jan 2009) of leaving the country. As I decided to go outside the country I tried to take her with me but failed. She filed divorce asking for money/jewelleries after 2 weeks of my departure which is still pending(ongoing for last 2.5 years). Later I knew she had developed another relationship and want to get divorce from me and what bad if can make a fat profit same time.
3. I contested the grounds of divorce and she filed instant case U/S. 498a/406/34 I.P.C against me and my family members after 1 year of my departure. The case was lodged by my wife after 10 months 14 days from the date of my leaving India and 2 years after she left her matrimonial house, when I was outside of the country.
4. The IO in the case was informed well in advance, of my date of leaving India on foreign assignment and he forwarded the matter of my overseas assignment to the LD. Court but later in the charge sheet, he concealed this fact and showed me to be an absconder by way of misleading the court he obtained the warrant of arrest on against me.
IO has mentioned in charge sheet under circumtantial evidences I have done crime .As evidence my wife has submitted voice recording CD which she used to record while we quarelled.
Not to mention the IO is completely supportive to my wife side due to some unknown reason. Also the streedhan articles which were with us were given back without the jewelerry articles which she falsely claimed.
5. I returned India and I was granted anticipatory bail from High Court.
6. Then I surrendered before the lower court on where I was granted ad-interim bail and the warrant of arrest against me was recalled.
My family memebers are in confirmed bail now and I am waiting for the next date where my bail should be confirmed or extended.My family members seldom interacted with my wife during the tenure and probably my wife was not able to give even any false evidence against them. Only she has a voice recording CD which she recorded provocating me in quarrells. She may be having 2-3 police diaries she did without my knowledge creating scenes after she left our house.Her advocate is asking for compromise giving her divorce (earlier also used to ask for money) as thats the only loss she is having not able to get legally married.
I am firm that I have not done anything wrong other than trying to save a relation and already have lost huge from my life , career and most importantly my family members/unmarried sister suffering for this.i know I have to lose more going through this but I am not going to compromise and I want to see till end how our country's law can punish somebody without doing anything
My questions on my next steps:
I understand that one should try first for discharge/revision then can try to quash.
I have also gone through the link
https://498afaq.blogspot.com/2009/07/what-after-chargesheet-final-report-by.html.
The instant ground I am having is she filed the case after 1 year of my absence in the country and 2 years after she left the matrimonial house and with pending divorce case filed by her.
I got two suggestion from two advocates of going for discharge and another one going directly to revision as he thinks discharge will not help in my case.
1> what is the difference in going for discharge(u/s.239 Cr.P.C.)or revision(u/s.397 Cr.P.C)? Is it advisable to go for revision directly without first going to discharge.
2> If me and my family members somehow gets discharged then can the case be quashed in high court? I am asking this with this understanding that discharging does not mean closure of the case and can be re-opened with new evidences.
3>If my bail does not get confirmed next day(may get extended) is it advisable to go for discharge/revision still.
Thanks in advance for all your support and valuable suggestion, thoughts.
