Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SS (consultant)     06 December 2011

Can you advice me on draft revocation of 498a petition ?

I am 42 years old married 12 years back and blessed with one daughter 10 years old. --- Nov 2011 my wife filed 498a against me and my mother with false allegations under the instruction of my mother-in-law and other croocked fellow from my in-laws family. I served 7 days behind the bar before I got bail.

Now my wife realised her mistake and she wants to revoke 498a "unconditionally". She asked me to sign on a vakalatnama prepared / drafted by her lawyear. -------- I stay in Kolkata and I seek good legal protection before I sign-off on any such document.

Please Help and advice me.

Thanks

SS   



Learning

 12 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Ss

your query is not clear, please ask specificaly,


(Guest)

498A is a non-compoundable offence. It cannnot be stopped or revoked..

It can only be quashed by the High Court of the state, by using its extraodinary powers u/s 482 of the CrPC..when both the parties have come to a compromise..

Regards,

Gautam

1 Like

(Guest)

Please do not sign anything..any vakaltnama...

You hire a lawyer, and talk to him..both parties (you and your wife)should state under affidavit that they have come to a compromise..and then only HC will quash the case..

Dont do anything other than that..

Gautam

1 Like

galsober@yahoo.co.in (def)     06 December 2011

What do u want buddy.............Make it clear, U want her back or U want 498a quash or some MCD is cooking?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

It can be quashed in HC. But are you ready to stay with your wife even after all this?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

SS (consultant)     07 December 2011

Hi Shonee

My wife wants me back and hence she wants a compromise and to quash the 498a in Calcutta High Court. If I dont want to stay she will not quash the FIR.

I understand your point above. Now please advice me friend.

Thanks

SS (consultant)     07 December 2011

Hi Gautam

Can you recommend me a good lawyear practising under the Calcutta High Court (somebody whom I can trust upon) in this matter you mentioned above ?

 

Please share me at least 2-3 advocates name with mobile numbers in Calcutta. 

My 498a case has been filed in Barrackpore sub-court under the jurisdiction of the Calcutta High Court and my local P.S.

My wife wants me back and hence she wants a compromise and to quash the 498a in Calcutta High Court. --- If I dont want to stay she will not quash the FIR.

Please advice. Thanks

 

 

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 December 2011

Go far trial and let her be hostile , this is the most easy and safe method.

subhash verma (Sr. Accountant)     07 December 2011

i agree with id jsdn..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

If she wants to blackmail you now, she would blackmail you ever.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

kvss.prabhakar rao (Advocate )     09 December 2011

 The Andhra Pradesh Made amendment makig the SEc 498-A is compoundable but rest of India remain uncompoundable and but Law Commission of  India taking steps make theese type offecnces are compundable one. But in your case  go for trail get the case hostile.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

Agreed with Prabhakar Rao,

 

But in Andhra too 498a comes with a package and DP3 is non-compoundable.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register