Upgrad LLM

498a, dv, 125


498a chargesheet submitted last month against me, father, mother. Dv, 125...you all know what a woman fakes everything in court. Already going in district court since October 2018. Wife, her parents, uncle and everybody tried assaulting me and my parents in the court.father 76 years old and suffered injuries. My finger fractured. We sent a written complaint to the police. And wife's father did the same thing and said we assaulted them. India... Soon we may receive summon from court regarding 498a. Should we approach high court for quashing this? Yeah, all allegations are false. Thanks
 
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Advocate

Firstly never ever refuse or avoid court summons as that will go against you, anyone misguiding you to do it should be ignored and his advice avoided. Secondly you can move High Court for quashing of FIR if you have sufficient evidence to show that it was wrongly registered by police. High Court will not go into evidence of both parties for quashing FIR but if illegality exists in the registering of FIR. High Court also allow quashing of FIR which is based on matrimonial disputes if both parties compromise and settle their disputes amicably. Rest you have to go long way in the matter that may take months and years to settle down.
 
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Thanks Vijay, Compromise can't happen as they want only money. 2.5 crores. Even if I sell all kidneys of my family members it would churn out 20 lacs. Option 2- I would surely appear before court whenever it summons me. The other party has no proof that anyone from my family ever asked money- because we never did. Also my wife have stated that I had not been talking to her for the past 2 years. Idk without talking how can anybody ask money. Yea, the case will go on and on 5+ years. I just wanted to stay firm and fight the case. Need valuable guidance
 
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Thanks Prasanna. Chargesheet was filed on 29th jan. Still waiting to move it proceed. Any insights how long does it take?
 
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Advocate

First of all, what happened to the complaint you have lodged with the Police? If no action is taken, approach the Jurisdictional Magistrate under Section 156(3) CrPC. In case your father had recived medical treatment and you have records of the same, it will help your cause,

As regards to their compalint, meet the issues on merit if you recive summons from the Court. Once you recive the copy of the charge report, you can weigh the option of approaching the High Court under Section 482 CrPC.

 
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I called them up and was told they are looking into it. Ok, will approach jurisdictional magistrate court. Tommorow will seek chargesheet and sections put on by the cops. Thanks
 
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Prasanna look this is only for you. If you can speak politely you can comment or respond to my query. People like you are already many here. Maybe you were never taught to behave like a human
 
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Here we stand: 1. Police submitted chargesheet against fir. Waiting for summon by the court then will go to high court for quashing. My lawyer said maybe for my parents it can be quashed as they are old for for me not. Will apply for bail from the district court 2. For dv, the case is still on. Judge gave 7 days time to submit my reapnsn 3. 125 crpc next date is on April. Lawyer advised to file criminal suit against my laws for their assault on us. But for that there will be another cost of hiring a criminal lawyer. I asked what about the fir that i submitted to the cops. Eventually that will also become a case working 90 days. Is my stand correct? Since I have told my lawyer that I cannot be with my wife he said we can also file for judicial separation. Is it advisable to do?
 
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