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Anshul Sharma   07 May 2016

Charge sheet -498a,406 & 354

Dear All, 

Police has filed the chargesheet in court last year june'15 but i have not yet received from court. We all are on bail.Cases are 498A,406 and 354 on younger brother and father in the same court.

1) Is it neccessary for my old age parents and younger brother to apper in above said court on every  date? My mother is suffering from Knee pain and difficult to walk but still somehow she is managing to go to court on every date, my younger brother is suffering from Mental depression from past 7 years and he gets voilent when he goes out. He cannot appear in court at any how due to his situation . We have been filing his exemption appearence in court. We have asked from judge to issue us the Charge sheet as rest accused are present. She denied said younger brother has to apper to issue the charge sheet. 

My brother's situation is difficult and cannot appear in court. Please advised the remedies ?  

 



Learning

 11 Replies

P. Venu (Advocate)     07 May 2016

You may obtain medical opinion and instruct  your advocate to seek exemption based on the medical certificate.

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     07 May 2016

File permanent exemption under section 205 CrPC based on medical certificate for your mother and brother

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     07 May 2016

File permanent exemption under section 205 CrPC based on medical certificate for your mother and brother

Anshul Sharma   09 May 2016

Dear P. Venu and Rahul sir,

Thanks for the guidence. However, as per the judge , she said that my brother also has to appear in court to get the charge sheet.My lawyer said he has to appear as no option left as per the law. We have not filed the CRPC 205 , Will section 205 CrPC have to filed seperatly for my mother and brother ? Please guide. Is it necessary to all family members to appear in court to get the charge sheet of 4984a, 406 and 354 ?

priyanka jaiswal (none)     09 May 2016

Dear All, Please enlighten me on this below mentioned query: Complainant had filed a case for 498A and 406 and 34 of I.P.C. during the pandency of case my husband snd in-laws wants to compromise. they are ready to return all cash which was demanded as dowry during - before and after the marriage.it is about 765000/-and they are ready to return 825000/- including my litigation expenses.. we had already sign a compromise deed ..in this deed ,only mention about 498a and consented divorce.. no one talk about my stridhan. so can i request to the court at the time of "gawahi" to recovery of my stridhan or not??

i have another question.... compromise deed is not ragisterd ..and my case is on the stage of charge. court has to confirm the charge on accused according to FIR to the very next hearing.. sir please suggest me what i do

value of my stridhan is 2-3 lacs and i hv some audio clips and pics which is clearly says that thay hv my stuff and jewellries .. i dont want alimony i just want my stridhan .my family dont fight this case any more they want to my remarriage that's why i m pressurise by them

priyanka jaiswal (none)     09 May 2016

Dear All, Please enlighten me on this below mentioned query: Complainant had filed a case for 498A and 406 and 34 of I.P.C. during the pandency of case my husband snd in-laws wants to compromise. they are ready to return all cash which was demanded as dowry during - before and after the marriage.it is about 765000/-and they are ready to return 825000/- including my litigation expenses.. we had already sign a compromise deed ..in this deed ,only mention about 498a and consented divorce.. no one talk about my stridhan. so can i request to the court at the time of "gawahi" to recovery of my stridhan or not??

i have another question.... compromise deed is not ragisterd ..and my case is on the stage of charge. court has to confirm the charge on accused according to FIR to the very next hearing.. sir please suggest me what i do

value of my stridhan is 2-3 lacs and i hv some audio clips and pics which is clearly says that thay hv my stuff and jewellries .. i dont want alimony i just want my stridhan .my family dont fight this case any more they want to my remarriage that's why i m pressurise by them

priyanka jaiswal (none)     09 May 2016

Dear All, Please enlighten me on this below mentioned query: Complainant had filed a case for 498A and 406 and 34 of I.P.C. during the pandency of case my husband snd in-laws wants to compromise. they are ready to return all cash which was demanded as dowry during - before and after the marriage.it is about 765000/-and they are ready to return 825000/- including my litigation expenses.. we had already sign a compromise deed ..in this deed ,only mention about 498a and consented divorce.. no one talk about my stridhan. so can i request to the court at the time of "gawahi" to recovery of my stridhan or not??

i have another question.... compromise deed is not ragisterd ..and my case is on the stage of charge. court has to confirm the charge on accused according to FIR to the very next hearing.. sir please suggest me what i do

value of my stridhan is 2-3 lacs and i hv some audio clips and pics which is clearly says that thay hv my stuff and jewellries .. i dont want alimony i just want my stridhan .my family dont fight this case any more they want to my remarriage that's why i m pressurise by them

adv.raghavan (Advocate,9444674980)     09 May 2016

498A is it compoundable, depends upon the state. It is better both the parties file petition in High court , informing about compromise deed, and u have to clear things ,on stridhan, before reaching high court. Unregistered comp. deed is valid.

adv.raghavan (Advocate,9444674980)     09 May 2016

498A is it compoundable, depends upon the state. It is better both the parties file petition in High court , informing about compromise deed, and u have to clear things ,on stridhan, before reaching high court. Unregistered comp. deed is valid.

Anshul Sharma   09 May 2016

Dear P. Venu and Rahul sir,

Thanks for the guidence. However, as per the judge , she said that my brother also has to appear in court to get the charge sheet.My lawyer said he has to appear as no option left as per the law. We have not filed the CRPC 205 , Will section 205 CrPC have to filed seperatly for my mother and brother ? Please guide. Is it necessary to all family members to appear in court to get the charge sheet of 4984a, 406 and 354 ?

 

Pawan S (Advocate)     09 May 2016

It is recommended for all family members to appear the next hearing.

Then  pray under section 205 CRPC for the dispense of personal attendance of your mother & brother in a single petition in the court.


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