Chargesheet awaited under 498a in ghaziabad district court

within 90 days, charge sheet has to be filed.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

The mediation failed on 5th February 2013 to be exact and it is already over 3 months. No investigation took place within that time period. May I know what to do in this situation? Should I apply for a Quash for 498a?

there is no limit of 90 days it is only applicable when the accused is in Jail. How do you feel harrassed if the charge sheet is delayed it should not impact you - which police station your case relates to in Ghaziabad

Pre-charge evidence is led by the prosecution.  The witnesses led by the prosecution can be cross examined by your Advocate.  Your advocate can present arguments at this stage as to why case is not made out against you and hence the accused be acquitted for the reason that there is no case made against him.  Framing of charges is not necessary.  After chargesheet is filed by police look out for these developments.  You need not file in HC for quash of FIR.  In the trial court itself you can get discharge if you can prove that no case is made out against you which if not rebutted would warrant conviction.

Dear Querist

Why are you worry for filing chargesheet. there is no limit to submit chargesheet.

Mr. Chandra, What are you doing?

It is my submission to you post your reply as per query

Hello Experts.

Thanks a lot for your response. I would certainly worry about the chargesheet as it is for a criminal case. I dont know what are we going to hear in the court. The girl side is blindly favored by the law. Moreover, I want to get rid of all this sh*t as early as possible.

Hello Nadeem.  I replied for this query : Should I apply for a Quash for 498a?

agreed with the views of Md.Nadeem!

It is not necessary that police file chargesheet with magistrate.  They can even file the Investigation report which says "no case is made out against he accused based on investigation conducted by us".  In such case the magistrate has no power under code to proceed with trial.  If necessary he can redirect the police to further investigate and submit a final report. If police submit same report again saying no case is made out against accused, the magistrate must close the matter. 

Thanks for the reply Mr Chandrasekhar,

How do we then know what is the status? Would police tell us about it? Would there be any document which would be sent to us? In our case a complaint was filed in Gurgaon. Then in Gurgaon girl and her mother said that they would proceed from Ghaziabad. Then we got a call from Mahila Thana Ghaziabad and then the ball started rolling.

Girl's mother file another case from Kanpur after a few days and asked to pay us about 40 lakhs + 50 thousand pm as her maintenance. The girl makes about 70K pm and work in a company in Gurgaon.

Girl and her mother named everyone from my family including my deceased father who died of a heart attack within 2 months of all this menace.

I am very sorry to hear that.  Include that point in pleadings you make to the court in written - that your father died because of the tensions created by girl filing police cases, and that our family never had the occasion to see police in our lives, being a sensitive man, he could not bear being involved in police case and died of heart attack.

Take following precautions:

1. Dont show your anger and frustration by way of writing letters to her  2.  By making Emails or SMSs to her or by talking to her over mobile.  3.  Don't talk anything when you are at their place if you happen to go to their house - better not to go there at all.

Coming to your question, it all depends on how you deal with police.  By a friendly interaction with police station, you can know about the status of case.  Do not think that police are enemies because they have filed case against you, that thought will prevent you to interact with them friendly.  You can get information about status of your case from PS if you can interact with them, however, it is not necessary at all for you to visit any police station and know about information.

The reason is, the standard of proof in criminal cases is "proof beyond reasonable doubt".  In 498a cases generally the crime happens inside four walls of house for which no police can gather evidences during investigation.  Hence 90 percent of cases result in acquittal of accused.  If it is a murder case, the police can gather evidences.  If it is 498a case what evidences police can gather?  There is nothing police can do during investigation also other than spending time and file the investigation report to magistrate one fine day, and there is every possibility that you can get discharged from the case without even framing charges.  Before framing charges you (means your Advocate representing) will be given an opportunity to cross-examine the witnesses and also present arguments on pre-charge evidences.  If it is all done perfectly, you will get discharge during this stage only without having to be proceeded with Trial.  So don't worry and spend time.  There is nothing police can do in the name of investigation in 498a cases.

Don't give even a rupee for them.  Do not negotiate for any kind of settlement.  Tell them to proceed with the case and you follow up your Advocate to ensure he attends hearings and if possible you be there during hearings without missing to know how he is performing. No court will order for maintenance / alimoney if she earning such a huge amount as salary unless you are earning more than what she is earning.  For settlement for withdrawal of cases do not negotiate with them at all.

Dear Mr Chandrashekhar,

Thanks for your reply. Our Laywer said that my father's death can not be linked with the cases filed. The definition of murder in the rule of law is different he said.

Regarding maintenance, I think now a days if the girl is educated enough and not working then no maintenance is provided if there is no child. In my case the girl is earning well and my marriage did not last even for 6 months. The marriage was unconssumated as well.

I have evidences like audio recording when the girl used to threat me for filing false cases. Before 10 days of the attack she wrote clearly in the emails that she want a divorce from me.

These people infact attacked our house with a Gunda and we reported the matter to Ghaziabad SSP directly. Her mother after my father's death threatened me which I recorded and reported to the police station as well.

I made the mahila police listen to a few things of the audio recording before the FIR as well. Do you think all that can be seen as evidences in Ghaziabad destrict court. 

Our lawyer keep saying that many things doesnt work at lower court but ya HC and SC are different.

Thanks for your reply. Our Laywer said that my father's death can not be linked with the cases filed. The definition of murder in the rule of law is different he said.

He may be right.  Because you are only supposed to prove her charges false rather than making counter charges.

Regarding maintenance, I think now a days if the girl is educated enough and not working then no maintenance is provided if there is no child. In my case the girl is earning well and my marriage did not last even for 6 months. The marriage was unconssumated as well.

Are you earning more than her?  If answer is yes, then there is risk.  Otherwise no risk.

I have evidences like audio recording when the girl used to threat me for filing false cases. Before 10 days of the attack she wrote clearly in the emails that she want a divorce from me.

Yes.  You can use these evidences to prove that the case is filed with malafide intention.  These things can be used to get discharge from the case before chargesheet is framed. 

These people infact attacked our house with a Gunda and we reported the matter to Ghaziabad SSP directly. Her mother after my father's death threatened me which I recorded and reported to the police station as well.

Reply same as above.

I made the mahila police listen to a few things of the audio recording before the FIR as well. Do you think all that can be seen as evidences in Ghaziabad destrict court. 

Reply same as above.

Read the following link : https://www.lawyersclubindia.com/forum/Audio-recording-is-evidence-or-not--39009.asp

Our lawyer keep saying that many things doesnt work at lower court but ya HC and SC are different.

Taking evidences, examination in chief, cross examination etc. is done at Trial court only, HC and SC do not do the job of Trial court.  Trial court findings are not reversed by HC or SC unless some finding is based on perverse deviation of procedure or appear perverse on the face of it.   In 99 percent cases Trial court finds are not revisited for reappreciation by HC.