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Manoj (Manager )     13 November 2014

False 498 a case

 

Hello Respected forum member’s,

 

My family is also another victim on false 498 A cases, it’s been 15 years now and they are still getting dates and dates that’s it, now they are old and not keeping well suffering from all old age disease like sugar/heart /arthritis.

 

I want a final solution for them so that they can live there life in peace.

 

We live near Varanasi, UP please help me with some solution.

 

Thanks in advance



 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 November 2014

Dear Querist

File an application u/s 205 of Cr.P.C for permanent exemption for them along with the documents of their health check up if court will think fit & proper then the court may allow the application and exempted them from personal appeareance.

Manoj (Manager )     13 November 2014

Thanks Nadeem, really Appreciate your quick response, but i want permanent solution for this case,  our case is really strong, we have all the proof that all the allegations are false,  charge sheet is not filed yet due to unavailability for some family members so we are pushing dates , I tried to resolve this issue by out of court settlement but they are very unreasonable,  looks like they thought that we are getting weak that why asking for settlement,  only people suffering  with this case is my parent's that's why I initiated settlement but it's not going anywhere, Now my parent's cases is separate from my brother's case showing no relationship for long time.

 

I want my parents to be out of this ASAP, not sure how, they don’t deserve this , My father is Indian Air Force retired officer, never did any wrong thing in his life and got trapped here without any reason because of one wrong decision of my brother's marriage which was a planned plot, didn’t lasted more than a year but  have one 15 years old  girl now, which I feel bad about that, but brothe'rs wife family is criminal in nature and did huge violence in our house before the case was filed and we also filed a case against them ,

Now my  brother's wife wants to come back but we don’t want her back, it doesn't make any sense after all this happened.

 We want divorce and settlement for this case for my parents .

Thanks  in Advance

Manoj

Hardik Mehta (Family Counsellor)     13 November 2014

If the chargesheet is not yet filed, ask for the quashing of the full case in High Court. The court will see the case and it has been 15 years, so the case will be put up for hearing faster and you will get some relief from HC. Also, you can take the plea that the complainant is just delaying the case for no reason at all and after such time, the case should be treated as malafide and should be closed.

Hardik Mehta (Family Counsellor)     13 November 2014

If the chargesheet is not yet filed, ask for the quashing of the full case in High Court. The court will see the case and it has been 15 years, so the case will be put up for hearing faster and you will get some relief from HC. Also, you can take the plea that the complainant is just delaying the case for no reason at all and after such time, the case should be treated as malafide and should be closed.

Hardik Mehta (Family Counsellor)     13 November 2014

If the chargesheet is not yet filed, ask for the quashing of the full case in High Court. The court will see the case and it has been 15 years, so the case will be put up for hearing faster and you will get some relief from HC. Also, you can take the plea that the complainant is just delaying the case for no reason at all and after such time, the case should be treated as malafide and should be closed.

SANJAY GUPTA (Advocate)     13 November 2014

File petitiion for quashing of the proceedings as this is abuse of law that chargesheet has not been filed since last 15 years for whatever be the reason.


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