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helpnri (asdf)     21 November 2009

498a quashing dismissed / help 227

My wife has filed a false 498a direct/private complain in a lower court of her home town Gujarat in india and included my family members names too. we live outside india ,there is no fir filed.only direct complain in court. I got summons from lower court

my application for quashing the case on jurisdisction ground got dismissed in high court stating that since we are out of india , a girl can file a case from her parental home. would it help if i appeal in supreme court ?

Also where can i file for CRPC 227 ? as in her complain there are many false points which i can prove easily ,,can i file it from my home town in india since we got married there ???
or can i again appeal in the same high court , not on juridisction but 227



Learning

 12 Replies

Adv. T.K Sujith (lawyer)     21 November 2009

Sorry, if u wish to drag d matter for a settlement u can approach  SC. otherwise it may become a futile exercise. dis case has meager chance to get consideration before SC. It is wise that u may straightaway defend the case before d magistrate and file a petition under Sec. 239 Cr.PC for discharge and u can file a petition under 205 to dispense with personal appearance before the same court. If the case has fied on feeble grounds u may proceed with it; certainly u will acquitted. Courts have such a tendency in 498 A matters.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 November 2009

498a cases are totally misused, even every court is in same opinine . Hence contest in lower court as my learnd counsel suggested, ALL THE BEST/

N.K.Assumi (Advocate)     21 November 2009

T.K.Sujith, has rightly pointed out in details.

Durga Shankar (Student)     21 November 2009

Hi bro,

There's nothing new in your case. The provisions of 498A and DV act are being widely misused and that is as true and clear as the Sunlight. It has become a common practice in India to demand dowry from husbands and if that poor chap fails then such cases are filed against him.

Now-a-days, wives ask for a Mercedes or a BMW from their husbands irrespective of his financial status, and if that poor fellow fails to fulfil such demands then he has to face the trial of such cases. This shows that for the husbands, the laws and the in-laws are always fatal and destructive. But you should not panic. The first thing you should do is find out a good criminal lawyer to nail the asses of your in-laws. And also file some counter cases against them if you can.

You should visit the website

498A.org

or you can also contact one of our volunteers from SIFF at the following link:

https://www.saveindianfamily.org/contact-us/activists.html

There are many instances where the husbands have come out victorious in such cases and had their wives and in-laws pay for such deeds. So you don't panic. Be smart, be brave and be active. Victory will be your's. Best of luck.

In case of emergency, mail me at:

durga_shankar2003@yahoo.co.in


(Guest)

Advise given by Adv. Mr. T.K. Sujith is perfect one, if you want to come out of the case, better you follow his advise.

helpnre (rfrfr4r32)     21 November 2009

Dear Mr T.K Sujith,

Thanks for your advise , at the moment there is no fir or chargesheet , so how can i  appeal for crpc 239.

as you mentioned the chances off winning in SC are meager , is there any other application i can do in SC , also can i re-appeal in HC for division bench ?

We are all staying outside india , i know i will win the case in lower court ,but time period and passport impondation is a concern .

What cases can i do to harss them , it may not be directly realted to this one , but  how do i pressurise them by filing any case in mumbai ?

what is crpc 227 ?

Durga Shankar (Student)     22 November 2009

Dear Mr anonymous NRI,

According to a judgment passed very recently by the Hon'ble Supreme Court in jan'08, the police or the Courts cannot impound your passport. The power lies in the hands of the Cenral govt or the Passport issuing authorities which is again controlled by the central govt. I can mail you the Judgment if you want. You are sounding very much depressed which is quite obvious. But the bad thing is that you are sounding low on self-confidence.

Don't think of 227 and 239. they are procedures and circumstances of discharging an accused. You better try for a mutual settlement. If they agree then go ahead with it. if they don't then file cases of defamation, perjury, fraud, etc. against them. But do hire a good lawyer and go ahead with 205 for dispensing with personal attendance. Again keep a day-by-day track of the proceedings of your case.

Best of luck.

helpnre (rfrfr4r32)     22 November 2009

Dear Durga Shankar ,

Thanks for your reply. In this case there is no fir ,no chragesheet,i had got summons from lower court . how can a lower court start any case without investigation ? also if  igo to fight in lower court , how much time does it take for 205 approval ,?

is there any hope SC can quash the case ? where the HC has dismissed the application of quashing on Jurisdiction ?

there is less hopes of mutual agreement , i know i will win if ifight honestly

but i am not sure of the time frame , as i have no one at her hometown as it is filed there.

lawyers tell me that i acnot file defation prejury etc...

 

Ajay Bansal (Advocate)     22 November 2009

At the stage of charge i.e. 227 all facts , brought by prosecution have to be cosidered as truth.So you have no remedy at this stage.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 November 2009

 

 

If u will provide power of attroney to any person in india and then file the same case then u may be heard and add some new grounds also and may be quahed but on the grounds of evidence court never quash any petition but there should be some solid grounds. So u have to show ur petition only then i or any other lawyer can guide u properly.

Regards

adv.kamal.grover@gmail.com

ramprasad reddy. pottipati (Lawyer)     04 December 2009

227 Cr.P.C is not at all applicable to the cases like u. It deals only the Sessions Cases. The section denotes discharge from the charges levelled against the accused in a court of Sessions. Urs case is a privite complaint even 239 Cr.P.C is also not applicable since it deals the discharge in a calender cases triable by Magistrate of i Class and further deals it is only applicble the cases filed by the police. Sec 245 is applicable to discharge the accused other than police cases.

Manav Sony   15 May 2020

Mr. TK Sujith

I agree. Your answer is quite informative and helpful!


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