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498a victim (job)     07 April 2017

498a quash query

Respected all,

By next week i will be filling application for quashing 498a and dv

my concern is she has given complain in city police of her city which includes 15 points , common points in 498a like i drank and beat her, thrown her out of house, didnt give food, gave overloaded work, didnt care about her health, beat her brother also, etc etc...

case went to mahila daksh*ta samiti and we file our answer as we are ready to take her home back and she told that she want divorce. and now after that she lodge FIR which stats that i beat her in her house, she also said that case in mahila daksh*ta samiti we abouse her and not done any solution and told them to do whatever they want.

keeping one point aside FIR statement and complaint statements are totally different. will it help me in my case?

recently i came to know that a case of M.A.C.P was running on her, in judgement of that case she had to pay almost 1.1 lacs to petitioner. and after that she file case of domestic violence to seek monitory relief.

so my concern is will this help me in my quash case?

we have complaint copy of the same and reply filed by both party, even in her reply she didnt mention that we went to her home and beat her. 

please reply for this.

thanking you in advance



Learning

 7 Replies

Praveen Kumar (Intern Lawyer)     07 April 2017

Dear Mr. Ronak,

When you will submit the queshing petition in the high court. High Court will send you back to the district court to face the trial of 498 A case. You have less chance to get relief in priliminary stage except bail. 

Try to bring truth in the trail at district court and after the completion of trial, you may proceed in the high court for queshing of the 498A Case.

Sachin (N.A)     07 April 2017

Originally posted by : Praveen Kumar
Dear Mr. Ronak,

When you will submit the queshing petition in the high court. High Court will send you back to the district court to face the trial of 498 A case. You have less chance to get relief in priliminary stage except bail. 

Try to bring truth in the trail at district court and after the completion of trial, you may proceed in the high court for queshing of the 498A Case.

 

Please enlighten after completion of trial what is the need of quash petition in HC?

Arjun   07 April 2017

@ Sachin Sir, Can you please tell, what is the best time to file quash? On what grounds we can succeed I am also planning to go for quash. Thanks in advance

Praveen Kumar (Intern Lawyer)     08 April 2017

Dear Sachin Sir,

As per my knowledge and observation in the most of the similar cases the High Court didn't give much relief to the petitioner. Without hearing the other party. Court will not pass any judgement in this case only the time boundation for lower district court may consider as relief in such kind of cases. Otherwise generally this kind of cases consumes many years of the petitioner and respondent during procedure of the court.  

Sachin (N.A)     08 April 2017

@Praveen Kumar,

You wrote " after the completion of trial, you may proceed in the high court for queshing of the 498A Case."

My question is " AFTER THE COMPLETION OF TRIAL. WHAT IS THE PURPOSE OF FILING QUASH PETITION ?"

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 April 2017

In HC, while deciding quash petition, the court will not go for rowing enquiry and if there is disputable fact(s), court ask the petitioner to go to lower court and face trial.

Kapil Chandna (Lawyer at Supreme Court of India)     09 April 2017

Sir, 

 

Kindly refer my Article on quashing of 498A, and see if that can be helpful to you ..... 

https://kapilchandnaadvocate.wordpress.com/

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 


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