High court dismissed 498a fir quash petition-urgent

Originally posted by : Srinivas
	Sir, wife filed 498a on me and my parents and later released on regular bail. We applied for FIR Quash in High court on 15.11.2014 and we got interim stay up to 30-01-2015 and later police filed charge sheet in lower court. Now Our FIR Quash petition dismissed by High court saying already police filed charge sheet in court. (1) Please advise how to proceed with this. (2) Please advise whether we can apply charge sheet quash petition again in HIGH COURT. Thanks for ur time.

I dont think any advocate you know will suggest you what I am going to here.

Its waste of time and money to go for appeal in HC or SC.  Appeal matters are only taken up if LC does not perform its duties properly.  If there is gross negligence on part of LC then HC or SC might interfere upon such application by agreived person.

If you have not taken a penny from the girls side, then fight the case tooth and nail based on merits in LC itself.  It might take time but you will come out clean.

IF you have not taken a penny from wife side, then file a 498a case tmrw itself on the wife and her parents and her relatives.  Dont delay.

IF you have not taken a penny from wife and her side, file 499, 191 cases under IPC trmw itself.  

If you have taken dowry, then give it back, go for compromise, forget filing counter 498a or any other case on your wife and her side.

Keep me posted of what you intend to do.

Originally posted by : saravanan s
	Dear helping hand how come a husband can file 498a on his wife.kindly clarify

Dear Saravanan S,

498a was formulated to curb evil of dowry menace in our country.  Taking dowry or demanding dowry is not only an offence, giving dowry is also an offence of equal magnitude.  Both are cognizable offences and non-compoundable offences u.s 498a of the Indian Penal Code.

Not just wife can file 498a on husband and his family, Husband also can file 498a on wife and her family for giving dowry, which is a settled law.

Regards,