Shall i go for quash -


498a / 406 Complaint filled by my wife mentioning the names of all the family members.

In Challan , police has removed names of all the family members , except myself. I got reqular bail.

Now i have a affidavit of girl, her mother and father stating that "No Dowry has been exchanged" ? Can i file quash in high court ?Please Advise.......

 
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Advocate

Dear User 498A_misused,

 

Your query is with regard to 498A and the affidavit only shows that you have not demanded any dowry (If not rebutted the said affidavit as fake, false or have been given under threat or coercion by your wife)  and you have not stated anything with regard to other allegations made against you in the FIR/charge-sheet. Please clarify.

 

Jayendra Sevada

Advocate

 
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Advocate

mere no demand of dowry doesnot mean that you are out of 498A, it has to be looked into what other allegations are? 

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist the meaning of the word "No Dowry has been exchanged" is at the time of marriage but 498A is for cruelty against the wife for dowry demand, so mere on these words in affidavit the quashing is not possible so it will be better to fight the case on merit and forget about quashing. remain as you think fit so, it is depend on your wish and choice.
 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist the meaning of the word "No Dowry has been exchanged" is at the time of marriage but 498A is for cruelty against the wife for dowry demand, so mere on these words in affidavit the quashing is not possible so it will be better to fight the case on merit and forget about quashing. remain as you think fit so, it is depend on your wish and choice.

 
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Lawyer in Hyderabad.wats app no.9989324294

High court guidelines recently that The judge directed the magistrates to ensure that no accused was remanded in judicial custody in a routine manner. When an accused is produced before the magistrate, the court should examine the matter judiciously and consider whether there are valid grounds for remanding the accused to judicial custody, the judge said. If arrest is not necessary, the police may complete the investigation and file a chargesheet before the court without arresting the accused,

 
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