cpc

guidance for filing case u/s 482 cr.p.c.

Translator

Learned Members,

I wish to file a case U/s 482 of Cr.P.C. before the Hon'ble High Court  by myself.

Through which I will pray to quash an FIR filed u/s 498A IPC and DV Act filed by my wife.

We both have amicable settled all differences and are leading conjugal life happily with our 05 years daughther since July, 2014.

But pendency of the case is adversely affecting serenity of our family.

Kindly guide thoroughly, how can I file the case by my self.

As my lawyer seems unwilling, which can be seen that the same is pending since July, 2014.

I shall be ever grateful to you,

Thanking you,

Yours faithfully,

Ritesh Ranjan

 
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Advocate

Before filing quash petition u/s. 482, you talk to your wife and if she is willing, then proceed.  Approach some other advocate and he will file the petition.  It  shall be filed only in High court.  If you do not want to engage an advocate, approach the court staff and get a copy of quash petition of any other case.  That will guide you how to prepare quash petition.  Prepare it and file it in the court and appear and present your case.  Your wife should accompany you with her identity proof.  Once, the court asks your wife about the veracity of the facts of the petition and her willingness to withdraw the cases, the petition will be allowed quashing the S.498-A.  In case of DV, she can approach the court where the case is pending and ask the judge permisssion to withdraw the case and it can be withdrawn.


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LEGAL CONSULTANT

First of all ask UR wife to file a Memo in the lower court,stating the facts and she intends to withdraw the DV  case, stating the facts that we have gone for an out of court settlement and live together. The Magistrate if satisfied may allow her to withdraw the DV case. 


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Translator

I am extremely thankful to Advocate Shri Chandrasekhar and Shri Sainath Devall for their valuable guidance. 

I request them, if they can guide that whether there is some specific Font and it's size for the petition to be filed before the Hon'ble High Court. 

I have been told that separate color of papers are used for the parts of a petition in the High Court . Please guide and oblige.

Thanking again,

Yours faithfully,

Ritesh Ranjan

 
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xxx

The million dollar question -- Is your  wife ready to quash the cases  - 498a and DV ?

Ideally this should have been done before you both got back together. 

If you are in mumbai then i can suggest a clerk in HC who will help you in the entire process.

If she agrees then i must congratulate your decision to take her back. All the Best !!!

 


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Ritesh,

 

I'm not an advocate, but still want to share my thoughts on this. I have accepted my wife second time after she had filed 498A case which was dismissed at an earlier stage. After one year into the reconciliation period she filed another case and I'm struggling to get that behind me. I congratulate you that you have taken your wife back but it is equally important to have things settled safer on your side. Please follow Adv. Chandrashekar sir's advice. In any of the withdrawal case ask your wife to provide a clear consent on the same.

All the very best!!!

 
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consultant

1st wife or husband has no right to compound unless fall under section 320. 2nd. way out to be discharged by court, you can try u/s 239/245. Hoewver final remedy lies u/s 482. It can not be pleaded in person, you need to hire advocate.
 
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Advocate

In Delhi High court, on full scape paper, Times New Roman, 14 font with double space.


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Translator

Learner Member,

Thanks for all your guidance. At present my case has been filed in the Hon'ble High Court. When I searched the site of Hon'ble Court, it stated my case in Motion stage in it's cause list .

Kindly guide me what this Motion stage is ? And what will happen after Motion stage ? How much more time will it take ? What should be the role of my lawyer ? and above all WHAT I SHOULD DO FROM NOW ON ?

Please guide and oblige.

Thanking you,

Ritesh Ranjan

 
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consultant

Your advocate is best judge here now. Believe him.
 
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