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chargesheet of 498a


This is my brief story:

1. I Got married in 2011.

2 Marriage ended within 6 months becauise I understood my wife was a psychopath with dangeous suicidal and homicidal tendencies. We got eparated and were staying apart. No kids.

3. I filed for a divorce on grounds of cruelty, 10 months after marriage.

4. Wife's refused to give divorce, she filed objection asking the family court to cancel my petiton saying it is premature. But the court upheld my petition sayig that it is a special case. The case then went to mediation on family court where it failed badly . I refused to withdraw my divorce petition and said I want divorce.

5. The same month,my wife filed false 498a against me and my parents and brothers, simply to harass us and take revenge. This was after 8 months of separation and 4 months of me filing for divorce.We were arrested but were released and are now on bail.

6. Chargesheet is yet to be filed.

I need advice on how to proceed further. Is there anything I could do at this level? Can their false case be quashed? We are totally innocent.Also should we file a case against them?

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

498A case will be decided irrespective of the allegations and counter allegations in the divorce petition. Once a criminal case has been taken cognizance of by the court there are only two options with the accused- Either to face the trial in the trial court or move HC for quashing of the same if the facts of the case provide a scope to do so. You may accordingly decide in consultation with your counsel. If he opines it is a fit case for quashing you may move the HC before the chargesheet is filed.

 


Ashish Davessar
Advocate
Supreme Court of India

Punjab & Haryana High Court

District Courts, Amritsar & Chandigarh


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@Ashsih Davessar Thank you sir.

1.Will it be possible to end the case at police station level itself,i.e. if they can file a chargesheet in my favour?

2.After the chargesheet is filed, can the FIR / chargesheet / the case as such be quashed?

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

1. At the culmination of investigation it is incumbent on the police to either file a charge sheet or a closure report.

2. Quashing will not succeed once the charges are framed. Better file it before the presentation of the charge sheet.


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@ Ashish If the police send a closure report, can my enemies cause any problems when they know their case has been closed by police?

What are my options once the chargesheet is filed?

 
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A case was registered against a friend of mine u/s 406 420, complainant filled complaint without any proof other than a recorded C D of conversation between his wife & my friend; also he filled complaint on behalf of his cousin, wife & his brother in law without taking any authority latter from them. My friend is on regular bail & police also put up charge sheet. Can he go to high court for quashing? 

 
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Advisory/Advocacy

File a discharge petition...Were the mental ailments concealed from you at the time of marriage?

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com 

 
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@chetan Yes they never told us anything about it. In fact, they sent us emails saying she is 100% normal! Not only is she a maniac, she also suffers from physical issues like asthma, allergy. What is a discharge petition?
 
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@chetan Yes they never told us anything about it. In fact, they sent us emails saying she is 100% normal! Not only is she a maniac, she also suffers from physical issues like asthma, allergy. What is a discharge petition?
 
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Advisory/Advocacy

Its an application under Sec 239 Crpc...

 
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