Suresh (Head) 04 November 2013

False 306 and 498a

Respected Lawyers

I lost my beloved wife due to her profession stress as it appears to me. Before I could do anything as I did not realised her depressed condition, she gave up leaving me and our 7 years old Son. My In-Laws (especially Sister Inlaw) that despite of having great relationships for the past 8 years left no stone unturned to shape my future. My brain was survived with a cloud of grief but rain of harassment, 306 and 498A by in-laws. Its been 1.25 years now.Thanks, atleast God was witnessing the truth throughout and I got AB. Police was too quite good at their duties and did not unnecessarily harassed me. CC also has been filed.As ususal complaint of 200 lines is false. I have all MATERIALISTIC EVIDENCE to counter all these 200 lines. The complainant till date has NOT EVEN a single Proof of what they have alleged but yes good list of witness statements (most of them do not even know if i stay in India or abroad).

Now my questions to the forum:

1) Is 306 sustainable when there is no complaint against me in past 8 years of marriage, no suicide note, nothing incriminating in PM report?

2) Is 498a sustainable basis statements though for past 1 year, no proof could be found against me?

3) Can charges be dropped prima facia no evedence in the 1st hearing on charges?

4) How i can get the case quashed on immidiate basis?

5) generally how much time and number of hearings it takes to get rid of a false case of this time?

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4 Replies

ashoksrivastava (scientist) 04 November 2013

@Suresh in your case burden of proof will lie on complainant.You will have to bear the trauma of trial, but there is no need to worry if you are innocent. 3) Can charges be dropped prima facia no evedence in the 1st hearing on charges? Yes you can apply for discharge under sec239 crpc in the same court."239.When accused shall be discharged.-

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing."

If judge thinks the same way you may be discharged.

regards ASHOK

Suresh (Head) 04 November 2013

thanks for the quick response

ashoksrivastava (scientist) 04 November 2013

@ Suresh remember application for discharge us239 can be made only before charges are framed us 240 else you will have to approach HC for quash us 482

regards ASHOK