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shalini (software engineer)     07 November 2012

What happen in 498a

hi, My brother is currently fighting for DV. he is on bail and expecting 498a case to start. Could any one explain the procedure and complications of 498a case. Right now he has a case of divorce, maintenance and DV. We have two different lawyers and we are not satisfied with either lawyer so should be hire a different lawyer for 498a or it will not be as complicated and let the current lawyer handle the 498a case as well. At the time of bail we got so many surprises because of our less knowledge so me and brother want to collect the knowledge about 498a case before it start. Let me know any thread where it is already been discussed. Thanks, Shalini



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 10 Replies

shalini (software engineer)     07 November 2012

Let me ask a few more questions regarding 498a

 

1. he is on bail and chargesheet is not yet filled. When can I expect the chargesheet. What is the interest of IO to file the chargesheet. I heard we can bribe the IO not to file the chargesheet for 2-3 years. is that true?

2. our IO knows very well that girl is at 100% fault as he has listen our audio recordings and confesstion letter by the girl but still he was biased at the time of bail to get money from us. Now for what he will put false allegations in the chargesheet?

3. what else can do before the 498a case start apart from tryint to bribe IO for not putting false allegations agaisnt us.

 

Thanks

Shalini

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2012

Shalini,

 

Lets face the truth, Chargesheet in 498a is a bundle of witness statements which are nothing more that reproduction of the version of the girl by various witnesses.

 

IO is not bound to take the evidence of your side on CS.

 

Gear up for cross-examination, as there are rarely a success in Discharge Petition.

1 Like

abhishek (advocate)     08 November 2012

hi shallini u can go for quashing of the FIR and if the IO is not taking ne of material on record u can raise all these issues before the high court

shalini (software engineer)     09 November 2012

Thanks every one. @Abhishek, when we got the FIR, we moved to Allahabad for quahing and in return the case went to Mediation. after that we got the bail. So if we go again for quching 498a, how Allahabad court will consider it again? I am unable to understand the quahing part as we have already tried this in Allahbad court. Please explain?

Naveen (None)     09 November 2012

Hi Shalini, I am in same situation, high court allahabad had granted us bail against personal bonds, charge sheet is yet to be filed. However after the recent sc judgement (Geeta mehrotra case), I am moving to SC after vacation to file a SLP praying to quash the proceedings. I see this as an oppertunity as my whole family is being framed in this case however your case might be different. 

shalini (software engineer)     09 November 2012

Hi Naveen thanks for replying. What is SLP? Also in my case my parents , my brother and younger sister was there in FIR and IO removed my sister's name. ( I don't know how the name removal happen though and My name was not there already). Also which city is your case. My brother's case in Meerut. Please let me know if I can also follow your way. Thanks Shalini

Prashant (Newbie )     09 November 2012

I have learnt that court are sensitive to both parties in the cases that invoke 498A IPC and opinion is strictly formed upon evidences and there is very less or no scope of assumption.

As far as quashing is concerned in the case of State of Maharashtra v. Arun Gulab Gawalithat ‘the power of quashing criminal proceedings has to be exercised sparingly and with circumspection, and in the rarest of rare cases’.So only positive option you can practice now is to move to SC.

Ill suggest you to keep every evidence in place and have patience.These cases take time to be decided.And be sincerely ready for cross examination.

shalini (software engineer)     09 November 2012

thanks Prashant for replying. Shonee also mentioned above for cross exam but when it will happen. Or do you mean the cross exam in DV case. My brother is having cross exam in DV case and even the girl. Please explain I do not want to assume anything...thanks Shalini

shalini (software engineer)     09 November 2012

Hi Prashant, one more question. Wha do you mean by moving to SC. Do we need to put an application in SC to quash 498a/FIR or what. Please explain. Every simple thing is new for us. Thanks Shalini

Naveen (None)     09 November 2012

 

I meant I will be moving to SC next business week. Its in Ghaziabad. The entire family is framed in this false and frivolous fir. Its no surprise why our courts are choked with hundreds of thousands of pending cases and people are making a mockery of the judicial system. Wherein, time and again the courts has delivered judgements like below

"Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

Sec. 482 - read -[Sundar Babu & Ors Versus State of Tamil Nadu]

It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice.

Also the recent judgment [Geeta Mehrotra vs. State of UP]

Merely by making a general allegation that they were also involved in physical and mental torture of the complainant-respondent No.2 without mentioning even a single incident against them as also the fact as to how they could be motivated to demand dowry when they are only related as brother and sister of the complainant’s husband.

There are fair provisions in law under which the private grudges can be trailed but these so-called 498a victims have eventually turned into a curse to actual victims girls and their family.

 


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