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Ravi.498a (dd)     31 December 2014

498a withdrawn-options-urgent

Hi All,

My wife filed 498a, DP 3&4 and DVC on me and my family members. Total 8 members. elders mediated between us.my wife is ready for legal separation(not divorce)living separatly.they withdrawn DVC already.

Now the problem is with 498a with DP3 and 4.I am from andhra pradesh. Examination is about to start in 498a. HC has given dispensing order for my family members recently(but not me).

I heard 3 ways to dismiss the 498a with DP3 and 4.

1. Lokaadalath: 498a is with DP3&4 and Charge sheet already filed. Is it possible to do through  lokadalath(after charge sheet).?

2. Quashing from HC: it is costly.

3. OFF stage in Lower court: doing Examination for all 498a accused by Judge and in next date calling my wife and one witness. 

judge will take the statements from my wife and witness as dowry demand and cruelty didn't happen and getting the dismiss orders.

My lawyer suggested 3 options. Please suggest me which one is good for me.  

 



 5 Replies

M N Shaikh (Addl District & Sessions Judge)     31 December 2014

Dear Sir, Option 3 is best for you. It will bring final solution of the case.

To choose Option  3 is in your interest.

Advised to go ahead with option 3.

Ravi.498a (dd)     31 December 2014

Thank you M N Shaik sir.

Ravi (a)     31 December 2014

how option 3 is correct here?

wife and witnesses gave statements to police and if they give different version to judge, doesnt it attract perjury? the magistrate will take cognizance of lies on account of witnesses turning hostile and he may ask to lodge FIR against wife and witnesses by mean suo motto.

Ravi.498a (dd)     31 December 2014

Hi Ravi,

My lawyer said that he already informed to Judge about compromise (I mean here compromising to live seprately -judicial seperation). its just a process to close the case. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 January 2015

Never compromise as your are innocent. Please follow the following link for my post on this.

 

https://www.lawyersclubindia.com/forum/498a-112398.asp#.VKUBsMmphdg

 

All submissions in the High Court will be recorded in the HC order and will work as a strong evidence in the trial court.

 

Please also follow my post in the following link -

 

https://www.lawyersclubindia.com/forum/How-many-hearings-are-required-in-high-court--109479.asp#.VEuHjFeDVdg


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