Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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yogesh (will tell you later)     06 January 2014

Connected matter of 498-a for quashing at sci?

I have filed the SLP before the Supreme Court of India against the order of High Court which refused to quash the criminal proceedings against me u/s 498-A/406 on the ground there that I too live in the same matrimonail home..I being the unmarried brother and my father is more than 70 years of age filed the SLP which is registered and will be heard in next month..I am writing to know whether any connected matter is pending there before the Hon'ble Supreme Court of India on 498-A case..I have already made my reference to Geeta Merhotra Case but its discretion of the bench whether to apply the priciple of Judgment over my case or not?..If any similar case of 498-A is pending before the Hon'ble Bench then surely it will give ray of hope as petition in such case be admitted and clubbed with the similar Petition and will dispose by common Judgment...Please if any one has come across the simsilsr case which is pending then please update me the case number as I have only one week left..Please offer me help for generous cause



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 4 Replies

ashoksrivastava (scientist)     07 January 2014

Originally posted by : yogesh


I have filed the SLP before the Supreme Court of India against the order of High Court which refused to quash the criminal proceedings against me u/s 498-A/406 on the ground there that I too live in the same matrimonail home..I being the unmarried brother and my father is more than 70 years of age filed the SLP which is registered and will be heard in next month..I am writing to know whether any connected matter is pending there before the Hon'ble Supreme Court of India on 498-A case..I have already made my reference to Geeta Merhotra Case but its discretion of the bench whether to apply the priciple of Judgment over my case or not?..If any similar case of 498-A is pending before the Hon'ble Bench then surely it will give ray of hope as petition in such case be admitted and clubbed with the similar Petition and will dispose by common Judgment...Please if any one has come across the simsilsr case which is pending then please update me the case number as I have only one week left..Please offer me help for generous cause

@Yogesh success in 498A quash is very rare till no allegation is made out in FIR  which attracts 498A /406, or neither the offence nor its effect is alleged to have taken place at the  wife's place. My personal opinion is that  attempts to get 498A FIR quashed is a waste of time and money.One should focus only on getting AB. By facing  trial one also gets the opportunity to prove the guilt of opposite party in case one is innocent.Continuance of false trial also gives great bargaining power over alimony issues.However exemption from personal appearance for elderly members may be applied for during trial under crpc 205

regards ASHOK

yogesh (will tell you later)     07 January 2014

Thanks for reply..but if there is remedy one should avail for it..Otherwise we have only one option left to face trail.In trail sowrd keeps hanging on ones neck..she filed 3 cases oner after another..In my case only one line allegation was there which was common on all the family members.The ASJ while granting bail has stated in order that there was no specific allegations so we are entitled for Anticpatory bail while the High Court dismiss the petition for quashing of FIR by ststing that specific allegations were there...I am the unmarried brother and my old aged father has been roped in case..I donot know what going to happen as per courts pointn of view since there was verdict in Geeta Merhotra case

I am seeking on the allied matters which are pending in SCI as it will be convennient for party to get common relief as I am contesting my case in person with other family members..Please fwd me the allied cases

ashoksrivastava (scientist)     07 January 2014

Pl. go through following judgements and see if these fit in your case https://indiankanoon.org/doc/154825850/

https://indiankanoon.org/doc/1023336/

regards ASHOK

yogesh (will tell you later)     07 January 2014

sir..I have the judgments and the recent one is the Geeta Merhotra case..but if the similar cases are pending before the Hon'ble Bench then it will be nice and clubbed together as majority of SLP sa re dismissed at the  time of admission


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