Does quash petition valid on CrPC-125 case

Mr Jogeshwar,

your above posting not relevant with the thread question.

Hi Arup Sir,

The above citation is relevant on the ground that wife lied in court under oath, please see the point no.2 on the duash grounds. Explanation: A day has 24 hours then maximum hours possibel to work is 24 hours per day. If anyone say that per day he worked for 25 hours then it is lie.

Is it that, the 498a complains and complains of crpc 125 are contradictory on the same matter?

if they are opposite and cut one other, if so you may think for quash.

Yes, the CrPC-125 case allegations and the 498A cse allegations were contradicting and were not possible to occur as described below:

As per 498A case husband along with his relatives necked the wife out of house on the last day of her stay at matrimonial home and this single statement made the relatives of the husband accused in 498A case.

Whereas in the CrPC-125 case husaband was not in house for last two days and was not available even on phone. 

"Allegations were made with malafide intension no evidence is on reocrd ans as per wife parents no such incidents mentioned in CrPC-125 were taken place on cruelty"

facts may be diffrent in 498a & crpc 125.

but on the same fact if contradictory statement is there, and the judge ignore it, then you may go on quash.

At quash, you have to prove that, either there is no complain made out of 498a or crpc 125

contd...

Hi Sir,

As long as the ground for filing 498A IPC, CrPC-125 and DV are same i.e., cruelty and harassment then allegations should be same.

Am I correct?

"Hema , my comments were not for you. My comments are On sharma who is making fun of me and terrorisinng other members.

Regarding anup pl take comments lightly nothing against you."

Modal Indian male model needs reconstruction.

it is not necessary that the complain will be same in 498a / crpc125 / dv.

but complains must not cut one other -  as you said -

"the CrPC-125 case allegations and the 498A cse allegations were contradicting and were not possible to occur as described below". it is good and favourable state for you.

i shall try to findout judgement of sc .

@r.g. tigrania,

my sincere apologies to you.

arup,

i have been studying all the forums and experts' advises of lci for the last one and half year.  i keep abrest of the latest developments in law.  it is the worst forum where women are being illtreated.

you are remembering men's rights when you are attacked, but you are branding that marriage is a legalised prostitution and treat every woman who married as a prostitute.

in criminal law forum, in civil law forum good advocates are giving the best advice but here if a woman comes for advice, she is insulted and men come seeking advice to join their wives, they are insulted.  the good advocates are no more visiting this forum and it is left with one or two advocates.

@ MS HEMA,

NOW I AM BUSY WITH MR SIV

I WILL ANSWER YOU SUITABLY VERY SOON. TILL THEN WAIT. 

CrPC Sec 482. Saving of inherent powers of High Court.

Nothing in this Code shall be deemed to limit or affect

the inherent powers of the High Court to make such orders

as may be necessary to give effect to any order under this Code,

or to prevent abuse of the process of any Court

or otherwise to secure the ends of justice.

THE ABOVE AND BELLOW POSTINGS OF MINE  ARE  FOR MR SIV.

MR SIV SOME GUIDELINES FOR YOU.

        MR SIV,

SOME GUIDE LINES FOR YOU.

(1)The injustice, which comes to light, should be of a grave, and not of a trivial character.

(2) It should be palpable and clear and not doubtful.

(3) There exists no other provision of law by which the party aggrieved could have sought relief.

(4) You have to satisfy the High Court that,

(i) The order passed under the code would be rendered ineffective.

(ii) The process or any court would be abused.

(iii) The ends of justice would not be secured Until High Court must exercise it’s inherent power under the sec. 482 of Cr.P.C.

Contd…