Maverick 1234 (service) 29 May 2011

498A- no chargesheet filed till date

hi,

my wife filed for a false 498A last novemeber. I and my family got bail and have been staying separately since then. Till date no chargesheet has been filed by the police. I don't have any details as such as to what was the investigation done, are there any evidences provided ( although there can be none) except that some neighbours said that we were fighting etc. I would appreciate if i can get some advise around:

1) is it possible for me to get complete details of the investigation etc?

2) my wife suffers from BPD but i guess police never bothered to talk to the doctor inspite of my request earlier. can i still ask police to do that?

3) Does it make sense to leave this as it is and let police sleep over it ?

4) what can i do to dilute the case itself? i have got the FIR copy which basically says that my mother was taunting her saying that if i had married someone rich i would have got a house, car etc (which is pure bullsh*t.) and i and my father supported her. One aspect is that it's completely false and there's no evidence for the same as it never happened. Also, I found that as per a judgement even if someone makes such remarks or taunts, it doesn't amount to criminal offense under 498a so as such there's no case. what can i do to bring this up and get this case close? can i appraoch high court directly on this without waiting for police to file chargesheet?

any other suggestion are welcome.

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 May 2011

you can file a writ to quash the FIR

Sanjeev (Lawyer) 30 May 2011

Do not go for FIR Quash FIR cannot be quashed at this stage you will be loosing time and money. Once chargesheet is filed by the police you will receive summons from the trial court to appear before the court and then the proceedings will start.

You can always visit the IO of the police station and can check the status of the investigations.

Rakhi (Software ) 23 September 2011

How long can the police delay for the chargesheet to be filed.

What is the deadline for the police.

danish (Manager) 23 September 2011

No Deadline, 3 months and can be more then 3 yrs too.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 September 2011

1) is it possible for me to get complete details of the investigation etc?

NO IT IS NOT POSSIBLE TO GET COMPLETE DETAILS OF THE INVESTIGATIONS UNLESS INVESTIGATIONS ARE COMPLETE. ANYONE TELLING YOU YOU CAN GET IT, IS EITHER TRYING TO FOOL YOU OR WANTS THE POLICE OFFICER TO BE COMPROMISED.

2) my wife suffers from BPD but i guess police never bothered to talk to the doctor inspite of my request earlier. can i still ask police to do that?

HOW DOES IT MATTER IN 498-A

3) Does it make sense to leave this as it is and let police sleep over it ?

HMMMM, IT DOES AND IT DOESNOT, DEPENDS WHO IS IN HURRY, YOU OR THEM.

THE ALLEGATIONS WHICH YOU ARE SAYING AND IF NOT COUPLED WITH ANY CRUELITY, HARASSMENT ETC COULD BE A CASE FOR QUASH, BUT FIRST SHOW THE FIR TO SOMEONE GOOD AT IT.

I SEE A LOT OF ADVISE LIKE FILE FOR QUASH APPEARING ON THIS FORUM AND OTHER FORUMS. QUASH HAPPENS ON VERY SELECT LEGAL GROUNDS. 99% OF THE TIME PEOPLE ARE WASTING TIME AND MONEY FOR IT. SUCH BLANKET ADVISE BE BETTER AVOIDED.

ALSO, THE ANSWER SEEKERS, MUST NOTE THAT THE ADVISE IS OFTEN GIVEN ON THE FACTS WHICH YOU PRESENT, IT IS ALWAYS BETTER TO DISCUSS THE CASES THREAD-BARE IN MEETINGS OF VARIOUS ORGANIZATIONS OR A MEMBER YOU TRUST.

REGARDS,

SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM