Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SWengineer (SW Engineer)     01 January 2014

498a - quash appeal

I need urgent help, here is my case

1) got married on 16th january 2013 under hindu marrige act in Mumbai court

2) left alone on 16th january evening to home to attend friends wedding, 

3) came back to mumbai on 19th to catch my flight to Canada,( girl has visa but  her mother said she can

 go with me only after reception which was planed in june)

4) Girls parents refused to give me PR documents which i required to file her PR ( court marrige was done to get her Canadian PR applicion in process)

5) on small small issues girls family started black mailing me and refused to give any document related to PR and said I should leave canada and come back to India and find a job a  in mumbai so that girl can live close to her parents. I have proofs that she is not giving mr documents for PR.

6) Girls parents started harassing my parents saying that if I do not come back to india they will not come to 

the reception ( we already did booking for the reception in my home town and informed all family m,embers). 

7) They started saying that if i do not come to india they will proceed to Dowery case against me.

8) in April they said they want divorce from me and they never called back for 2 weeks.

9) after two weeks they called back and said they will send gundas to beat my parents if I do not

give alimony to her daughter and if i dont give alimony she will make me suffer ( i have emails as proof). 

10) Then we filed police case against them in may and in retalition they filed 498a on 30th august. They said in the FIR that i asked for 10lakh rs and a I10 car while leaving for canada. (i have proofs as emails and chats which indicate that she was very happy after the marrige so email chaat exist which said a word about dower or me/parents asking any money)

11) borivali police came and arrested my parents, they did all that in last week of december, both my parents got bail 

12) when we first got the summon from police our lawyer filed 482 in mumbai highcourt but the day first hearing came, all this happened and our lawyer has to gather bail documents.

13) SO far me and my family have spend around 2 lakhs rs on girl and they have spend about 40k. I paid for her Visa we gave her expensive jewelery and saries etc which i have proofs

Here are my Questions...

1) Since we filed 482 already in highcourt mumbai, can we still proceed to quash the 482a? ( my parents got bail i am in Canada and planning to go soon to mumbai to get my bail as per the date my lawer hasd fixed)

2) Since i just lived 1/2 a day on 19jan with my spouse how likeliy i will get quash judgement.

3) Do i need to be present at the session court in mumbai to get bail or it can be gramted without my presence.

4) I discussed my case with other lawyers and they said that my case is very striong for Quashing 

Please help me fight for justice .

Thanks



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 January 2014

Dear Querist

my opinion on your queries are as under

1) Since we filed 482 already in highcourt mumbai, can we still proceed to quash the 482a? ( my parents got bail i am in Canada and planning to go soon to mumbai to get my bail as per the date my lawer hasd fixed)

Opinion: As per you information it is not clear that your advocate filed quashing or any other petition u/s 482 of Cr.P.C

 

2) Since i just lived 1/2 a day on 19jan with my spouse how likeliy i will get quash judgement.

Opinion: its depend on your case, facts and allegation and strong proof will be required.

 

3) Do i need to be present at the session court in mumbai to get bail or it can be gramted without my presence.

Opinion: no, personal presence is not mandatory.

 

4) I discussed my case with other lawyers and they said that my case is very striong for Quashing

Opinion: it may be.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2014

Dear Querist,

 

1. You have filed 482 on summons? Now it is not clear, whether the summoning has been challanged, or there is an application for quashing. Whilest more than one applications u/s 482 be filed in one case/ Cases arising out of one matrimonial alliance. Two Quash Petitions for the same case can not be filed.

2. Whether your chances are strong or not can not be assessed without reading the FIR. Proofs are not taken during quash and it happens on purely legal grounds.

3. Though it is not mandatory to attend Anticipatory Bail Proceedings, the court, if it deems fit can ask for the presence of the accused. Atleast that is the practise in Delhi. I am not so sue about Mumbai.

4. Doesnot require any answer.

 

Regards,

 

Shonee Kapoor 

www.shoneekapoor.com

2 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     04 January 2014

Dear,

Don't come to india otherwise you won't go back to canada and your passport will be impounded during the proceedings. please check the bail and quashing result before coming to india. Don't  come even you get  a bail. Ask the court for mediation where you negotiate with girl and her parents. after conciliation you can get the matter compromised and then easily quashing can be done. simply on the first instance High court can decline quashing as the matter is at initial stage rest is upon the FIR and its contents and defense raised by you.

 

Rajiv Bhasin (Advocate)

Managing Partner 

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

E - mail:bhasin.laws@yahoo.com - Mobile 9811210505

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi SWengineer, in the light of facts as enumerated by you in the above query it can be said that if you have all the proofs and evidences as mentioned by you it can prove easy and better to get your case quashed under Section 482 of Criminal Procedure Code. As it has been mentioned above by other experts that your fist query is a bit unclear and ambiguous as it cannot be made out whether a quash application has been made by your lawyer in the HC or the summoning has been challenged in the HC under the inherent powers of the Court. Moreover, regarding your second query it can be said that there are good chances that a bail can be approved but you shall not take it for granted as it is mostly the discretion of the courts whether a quashing application be approved or not and FIR also plays an important role in those proceedings as a quashing happens mostly on the legal grounds and not on factual grounds. You can rely on SC judgment in the case of Geeta Mehrotra & anr v State of U.P and anr [(2012) 10 SCC 741] wherein the proceedings were quashed mainly on ground of malafide intention while registering the FIR.  With regard to your third and last question it can be said that no personal appearance of the accused is mandatory for granting of bail.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507

Nitish Banka (lawyer)     22 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 


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