LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Balaji (Self)     08 July 2014

498a quash /speedy trail in highcourt

Hi All, My wife filed 498a DP 3 & 4 on me and my parents. Later released on bail. we compromised and 498a case moved to lokadalat. in between my wife filed Divorce case under sec 13 (1) ia,ib. In divorce petition she mentioned 498a DP 3 & 4 Filed in women police station. Now she is not cooperating to with draw 498a case in lokadalat. If lokadalat court moves 498a case to JFCM court,Can I go for quash / speedy trail in High court? Charge sheet not yet filed.

Now I have 498a FIR Certified copies and other evidences. Please advise Is this sufficient to file quash/speed trail in High court ? Thanks to all.


 9 Replies

Rocky Smith (Instructor @ Calcutta (     08 July 2014

Reference of your post in the following link:


I would like to state that please don't give her divorce until 498A is over.

Certified copy of FIR is enough to apply for Speedy Trial or Quashing or both.

T. Kalaiselvan, Advocate (Advocate)     08 July 2014

You said that you have compromised with her on 498a issue and have moved the lok adalat for further proceedings on this issue through mediation, then what made her to revoke the decision?, whether the bargain amount could not be materialized? Are you of a different opinion to her terms of settlement?  Now instead of moving the High court for speedy trial, which is waste of money, time and energy, you can concentrate on the pending case before the lower court itself, let it take time, the more it gets prolonged, the more you will be benefited by it.  In most of the 498a cases  the accused stand acquitted.  The evidence of compromise between you both on an earlier occasion will go in your favor to challenge her case and you may get acquitted.  Simultaneously, oppose her divorce case too strongly and contest it to the core in order to make her realize her mistake of not caring for anything in the world including the sacred institution  called marriage.

Rocky Smith (Instructor @ Calcutta (     08 July 2014

Speedy Trial is Mandatory for 498A.


Please file in-person(Without Advocate) it on priority else no relief.


I request you to read my all posts carefully in the following links -

Kanchan Madan (NA)     09 July 2014

My son's case was in Karkadooma court .For 3 years the case had not come for arguments. CAW cell had registered FIR.  My lawyer  filed for quash of FIR.After  that the police filed charge sheet. Our case was referred in mediation at High Court.

The case was settled at High Court.  In the agreement signed at High court -the clause was added pay  amount of Rs 3 lacs  whlle filing Mutual consent divorce.

2.To pay Rs 5 lacs for second motion after six months.

3. Rs 0 lacs to be paid to quash FIR  

Our second motion is in September and last motion in 'Dec.'14


Rocky Smith (Instructor @ Calcutta (     09 July 2014

Mr. Kanchan Madan,


Paying money like this is increasing the extroting business of wrong doers. You shold not settest the matter in HC rather you should go for speedy trial and fight against it.


Your lawyer has misled you.

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

@Kanchan Madan:  Your settlement agreement seems to be an extortion/blackmail of ransom holding the pending cases as their weapon. You may not agree or budge to their pressure do  not  pay the exorbitant amount demanded by them, let them prosecute the case, challenge it properly before the court if you feel that your case is genuine and the merits and evidences in your possession will favor you.

Deenupriya (--)     10 October 2014

I am sorry to say but we suffer these proceedings so we are well aware of the circumstances or you can say we face it so there is no question of extortion / blackmail. An FIR on our name is itself a curse, if you really looking for solution Mr Balaji you can contact Mr Mirza Rizwan 9818183434.

Rocky Smith (Instructor @ Calcutta (     13 October 2014

Yes, your lawyer has mislead you. Please make a petition to move back the case from lokadalat to JFCM. Please make speedy trial and fight the case.


Please stop these money extorting rackets.



Please read each of my posts carefully in the following links.

Rocky Smith (Instructor @ Calcutta (     18 October 2014

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register