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suresh (MD)     23 December 2015

False 304(b) & sc/st act

Sir, I did love marriage without my family acceptance, but from my wife side they have accepted and asked me to do all marriage expenses and i have spent money for marriage and bought house hold things and i never got a single penny from my wife parents. My family not speaking to me as well as to my wife family also. After 5 months of marriage one guy came to me and said that himself and my wife having affair, i didnt believe it and i have checked my wife mobile bill, it showed after myself went to office my wife speak to him for several hours daily and also that affair person proved many things and threatened me that he will kill me and asked me to move out from my wife. I have informed to my wife parents, they went to that persons house and shouted but no use after that also my wife and that person had conversations, i couldnt bear that and i left my home without saying anything to my wife and I have decided to quite her so i have informed about this to my parents and filed a divorce case on july 14th 2014, we have informed to my wife parents and on july 15th 2014 my wife hanged and committed suicide in my home (i haven't been there for 10 days). My wife didnt wrote any letter and all. Her parents registered complaint on myself and my parents in 304(b) & SC/ST act (my wife belongs to SC caste). On 12th July 2014 my wife complained to the local police station that myself missing and we are living happily only and no problem between us, that i have kidnapped like that (man missing). I have remanded in jail for 1 month and now myself and my parents got bail. I have call recordings between my wife and that affair person, mobile bills and there is no evidence that we have asked for dowry and all though its fake. All house hold things bills are in my name and still am paying due for them. Nearly more than 1 year gone and still didn't chargeshhet filed and we didn't receive any summon on this. Shall i approach Quaush in High Court?



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     23 December 2015

U posted the same query with the same subject matter a year ago which was duly replied by the members who attended it.Now U have pasted the same matter.

https://www.lawyersclubindia.com/forum/False-304-b-amp-sc-st-act-109122.asp

suresh (MD)     23 December 2015

Still that case is in pending sir, More than 1 year gone and still chargesheet not yet filed and i didn't receive any summon from the court. Shall i approach for the quash? Please suggest for the same.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 December 2015

What are the views of UR loacl lawyer?

suresh (MD)     23 December 2015

My lawyer said that more than 1 year gone and still charge sheet didn't filed and we approach for quash means., 100% this will get quashed mean while my uncle's friend (Advocate) who lives in Bihar saying that this is a 304(b) so there is a less chance only for this to get quashed like that. Can i have your opininon on this please.


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