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M.Dhanunjay   24 May 2018

Can I go for quash under 304b,498a

My self nehru am working in Banglore some pharmacy company I got married 2016, me and my wife staying in Banglore only after marriage , I have one daughter and my wife when my daughter born at time she is staying in her house that mean her native place only since 7 months , Suddenly my wife committed sucide at her mother house only and my wife her parents complaint lodged same day like 304b,498A, 34 ipc ,3,4Dpa that we self in jail at that time my younger brother and my daddy got anticipatory bail , now point is my daddy and my brother staying in my native place only village , my wife died at her house , after marriage I separated to leaving in Banglore only , 1) how to escape this case pls help me 2) can I go for quashing ?? 3) compromise is the best option ?? 4) my daughter staying in her grand mother house only she have 9 months only 5) charge sheet is completed 6) i. This case not involved in my younger brother and daddy 7) me and my wife not staying in my home town even one day after marriage 8) I am not asking even one rupee also before marriage ,I am not taken even one rupee after marriage also same 9) pls help me and give me your valuable suggestions 🙏🙏🙏 10) my younger brother and daddy leaving in separately that mean my native place


 9 Replies

Siddharth Srivastava (Advocate)     24 May 2018

You have suffered at the hands of your inlaws. Compromise is not the solution of your problem and further compromise will not affect prosecution case. Go strategically. In proceeding u/s. 482 the court cannot conduct trial and whatever you have stated are matter of trial si you have no option but to face the trial and to prove your innocence as well of your other relatives. Claim custody of youir daughter. Since two accused are on bail so you and other persons can also apply for bail as co-accused have already been released on bail and further since investigation is complete so accused are not required for any investigation and by putting them in jail woul not serve any purpose. Consult a good lawyer with all details and challan filed by police.

1 Like

M.Dhanunjay   24 May 2018

We are in bail right now , next month will be trail court starts my first hearing , if possible to eliminate names my younger brother and daddy , how to take my daughter through court if I put a petition??

M.Dhanunjay   24 May 2018

We are in bail right now , next month will be trail court starts my first hearing , if possible to eliminate names my younger brother and daddy , how to take my daughter through court if I put a petition??

M.Dhanunjay   24 May 2018

We are in bail right now , next month will be trail court starts my first hearing , if possible to eliminate names my younger brother and daddy , how to take my daughter through court if I put a petition??

M.Dhanunjay   24 May 2018

Sorry for repetition

Arvindk (Consultant)     24 May 2018

I am not a lawyer or expert, but based on my experience I will suggest to apply for quashing of 498 in high court. Get a good, honest and average lawyer who can put your case properly to the Judge and fight. Apply separate quashing application for you, your brother and yourself. Within first few hearing your brother and Father case should be quashed quickly depending on evidences. You case may take little longer, but keep it going in high court, if you have good evidence against the opposition�s claim then you should be out within a year too.

Arvindk (Consultant)     24 May 2018

I am not a lawyer or expert, but based on my experience I will suggest to apply for quashing of 498 in high court. Get a good, honest and average lawyer who can put your case properly to the Judge and fight. Apply separate quashing application for you, your brother and yourself. Within first few hearing your brother and Father case should be quashed quickly depending on evidences. You case may take little longer, but keep it going in high court, if you have good evidence against the opposition�s claim then you should be out within a year too.

Arvindk (Consultant)     24 May 2018

I am not a lawyer or expert, but based on my experience I will suggest to apply for quashing of 498 in high court. Get a good, honest and average lawyer who can put your case properly to the Judge and fight. Apply separate quashing application for you, your brother and yourself. Within first few hearing your brother and Father case should be quashed quickly depending on evidences. You case may take little longer, but keep it going in high court, if you have good evidence against the opposition�s claim then you should be out within a year too.

Arvindk (Consultant)     24 May 2018

There is some technical problem with this website, as it makes multiple posts of the same message. Please do not click twice on Submit, click once and check back in a separate browser if your meaaage is posted successfully.

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