498a(no dowry caluse), 506 & 406 seeking clarification

Your 498a can be quashed by HC or discharged by Trial court if there are no dowry related allegations.Try the same.

There are other IPC sections for physical & mental harassment,which should have been mentioned in FIR / NC instead of 498a.Has chegesheet been filled?

If you have proofs of Car purchase & sources of funds used,file reply to her DV with proofs denying demand of dowry.

If there is no demand of dowry..498a is liable to be quashed...file immediately an application u.s 239 CrPC for Discharge int he trial court if charge sheet has been filed or immediately file an application u.s 482 CrPC for quashign FIR in the HC...

I am sure your 498A will be quashed.

Vikram

Every body is going for QUSH AND DISCHARGE it is not that easy and most expansive. Better put attention in lower court. You can demolish the case by proper cross examination.

DIscharge and quash will happen completely on legal grounds....if the FIR does not prima facie point towards a trial...ie. of the necessary ingredients for 498A are missing in the FIR..why not go for quashing.or Discharge..

Option of trial will always be there...a case not quashed does not mean that the accused will be convicted..isint it?

I would suggest..make an excellent application with at least 15 SC judgements..where 498A is quashed because the component of dowry is not there..

With this I am sure..the judge will also fear to frame charges..since a very technical application would mean that the applicant will appeal in the Higher courts..

VIKRAM

Dear All,

Other IPC mentioned in my  498a FIR are 323,506,114 and BP act sec.135.

Then,shall we try for quashing 498a in HC?

Yes.Try for quashing 498a.

It may happen that 498a will get quashed & trial for others will be ordered by HC.

thanks all . How soon i should take steps for Quash . I am planning to visit india in June 2012 . Can i start it in april or it should be immediate .

The confident level for quash in me is she had mentioned in her compliant that all she items (gold & car) are seethanam and requesting police to get them back .  But police just eat money put the section 498a ,406 & 506 . If i returned the goods in police station would the 406 get cancelled ?

You can file for quash of 498a if there is no dowry harassment allegation in FIR.

You can try for compounding of 406 in trial court by returning her streedhan items if you have them with you.

I think 498a is not only specific to "Dowry". The law doesn't restrict it to just dowry, it says any type of cruelty (Learned lawyers please correct me if i am wrong). In my case, in the chargesheet they filed charges under 498a, 417 and 406. They cooked up a story saying that I'm impotent during my first marriage and she compelled my ex to say that i'm impotent during first marriage itself thereby commited fraud (Section 417) and the story adds that i slapped and behaved violent to her in an attempt to prevent her from telling others that i'm impotent (498a). So, here the cruelty (498a) is connected to 417. 

If 417 is proved false, does that automatically negate 498a? Can learned lawyers confirm?