LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498_final stage (Professional)     22 September 2013

Can we move to hc with 482? - have strong evidence

I am fighting false 498a (Ghaziabad) DV (Kanpur). I got bail from HC for myself and all other family members named. I have strong proofs which can certainly prove my innocence.

The situation is that 498a is running in the lower court but as you are aware it will take years to get it resolved. Can we move to HC for quashing of the case by presenting those evidences? Our lawyer said that we have already tried it (but I know they have not kept all the evidences like Audio) which can certainly confirm that the case is false. 

Can I move to HC again,  for quashing of the case?

Thanks



Learning

 9 Replies

Sanjeev (Lawyer)     22 September 2013

Allahabad HC wont quash it unless there has been a compromise between both the parties its difficult to Quash.

498_final stage (Professional)     22 September 2013

Thanks Sanjeev. Compromise is not possible. So you mean to say we will have to fight in the lower court first.??? And whom so ever is the loser would move to HC if wish to. Right?

Dharmender (None)     22 September 2013

If you feel your case is quashable as per supreme court judgement state of haryana vs bhajan lal then go for it....n if allahabad high court does not quash then move to supreme court...if possible fight ur case urself...u will get justice...as lawyers dont do much...I am facing same problem n fighting case myself in allahabad high couty...as supreme court stated its most corrupted high court ......u dont waste time in lowercourt move to upper one else u will be harrased..

Manoj Kumar Jain (abc)     22 September 2013

Yes, You can file for Quash. If You have strong evidence then I am sure you get Quash. Try it and watch result.

498_final stage (Professional)     22 September 2013

Hi Manoj,

But the problem is that our lawyers already have used 482 for quash in high court. It was an application for the plea of bail for me and my family members. The lawyers did not use audio recordings to submit in the HC.  I am sure they did it because they wanted to make their money. They have evidences like Emails where before filing the case the girl has clearly written she want divorce.

498_final stage (Professional)     22 September 2013

Also I got some more clarity on their fake complaint in Gurgaon - I got it from RTI. So there are 3 points I have:-

1) Abuse of Process - When boy and girl living separately in gurgaon then why the FIR is done in Ghaziabad. Why no action was taken by the Gurgaon police.

2) Girl wanted divorce - Girl clearly wrote in the emails that she want a divorce from me. That she did in my absence when I was not in India. And after hardly in 3 days they conspired case

3) Audio recording - The girl clearly threatening to file false cases against my entire family. She want to teach a lesson to the entire family and would ask for money.

Biggest point - Marriage is less than 6 months old. It is unconsummated but dont know if law consider this as a point.

So Can I go to HC Again and say that look I have collected all the evidences now so please have a look at the case

Dharmender (None)     22 September 2013

You can approach high court again but present your case with strength...lawyers will not bring truth in front of high court.. use bhaskar lal sharma vs monica supreme court judgement where emails are evidence in 498a...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2013

Dear Querist

my reply on your queries are as under:

1) Abuse of Process - When boy and girl living separately in gurgaon then why the FIR is done in Ghaziabad. Why no action was taken by the Gurgaon police.

opinion: its depend on the allegations. if there is no allegation against you in complaint which committed in Ghaziabad then file a discharge application & argue the matter on jurisdiction u/s 177 of Cr.Pc.

 

2) Girl wanted divorce - Girl clearly wrote in the emails that she want a divorce from me. That she did in my absence when I was not in India. And after hardly in 3 days they conspired case

Opinion: this email is very strong proof to show her intention.

 

3) Audio recording - The girl clearly threatening to file false cases against my entire family. She want to teach a lesson to the entire family and would ask for money.

Opinion: it is a fit case for quashing before HC.

Biggest point - Marriage is less than 6 months old. It is unconsummated but dont know if law consider this as a point.

Opinion: yes, this fact is also very strong proof in your favour.

498_final stage (Professional)     22 September 2013

Hello Mr Nadeem,

Thanks a lot for your advice sir. The only point which is left is - As per my lawyer they did try to quash the case while filing applications for permanent bail for me and my family. However, they did not use audio recordings. Also I did not have the complete document from Gurgaon police where they showed their intention to take it forward from Ghaziabad or Kanpur. They came along with a Gunda in my parental house in the night. However, in their complaint they are saying that they came in for a compromise. 

There are allegations of physical and mental torture on all, including my 80 year old father who died of a heart attack after all this within 2 months. So you can assess the mental level of these criminals.

So I assume you are saying I should file for 482 again based on these evidences. Right?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query