Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vict498a   09 May 2015

How much quash and ab costs for false 498a ?

Hi all,

Wife attacked my family (6 members ) with false 498a weapon .

Members of this forum please kindly let me know how much your lawyers charged for quash and AB and other procedings ..

My lawyer says AB for each person needs

10000 Rs surity deposit to court(for 1 person) and 20000 Rs (for filing AB petition , lawyer fees for 1 person )

50000 Rs for applying quash in HC ..

Isn't too much ? I know lawyers in this forum or outside wont be upfront about their fees and it varies based on lawyer reputation/track record !

I request male victims of this forum to please let me know how much you have paid during your personal experiences of fighting false 498a

Please help me ...Thank you

 



Learning

 11 Replies

vict498a   09 May 2015

If you multiply above mentioned amount for 6 members , the final cost is huge .

How common man can afford such costs ? If fighting false 498a case involves so much cost , how men can save his families ?

Other victims of this forum , please share your experiences ! Kidnly let me know basic charges of 498a proceedings so men dont get fooled by lawyers

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 May 2015

You can do it in-person (Without Advocate) also. Anybody of your family can be the council, represent you and others before law and plead the case in-person. This is absolutely free of cost and best way to fight, less headache and less time consuming (2-3 weeks only).

 

You also can get free legal aid under NALSA. Please visit the following link.

 

https://nalsa.gov.in/

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

vict498a   10 May 2015

Thank you rocky ..! I read your posts and i too understand fighting the case in person is much better than lawyers ! But , unfortunately i cannot do it with my case due to various issues in my life !

Sadly , noone of victims responded to my post to disclose their expenditure on lawyers !

I understand lawyers will never diclose fee in forums/in real world, but why other victims arent sharing fee details ...

Hoping someone replies to my post about fee details of each process in fighting false 498a case..

 

Rajkiran123 (Manager)     11 May 2015

Yes, I think what your lawyer is asking for Quash petition is something that is normal.Its around Rs35k to Rs50k in HC if he is experienced and same goes with AB. But please be aware that Quash is not that easy to crack........

Has the chargesheet already filed? Does other family members who are accused live in the same house or different house/city. If yes, speak with the police, give some money and try to get their names removed from the chargesheet.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 May 2015

@vict498a, you might have lot of issues in life, just to aware you that any other person in your family/any good friend whom you trust can also be your council to represent you before the law and plead your case. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 May 2015

As Mr. Rajkuman said, "Quash is not that easy to crack" - why do you wish to spend so much money where no certainty.

 

I suggest, batter to file speedy trial.

2 Like

vict498a   11 May 2015

Rocky sir,

 you also suggested for quash along with speedy trial in your links/posts....

Your reply is confusing me sir ... Here , you are saying quashing has no certainty and involves money ...

So, when should i file for quash as per your links ? Should i wait for CS ? Do you agree with rajkumar comments about quash and AB charges ?

I will look out for some family of friend to fight in person ..I cannot affrod so much fees ..

Please clarify about  timing of quash sir !

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 May 2015

Well, Wait at least till final CS.

 

Quashing with speedy trial is filed by a very few number of honest lawyers only (tense to zero cheeky).

Rest of them simply confuses, extorts prolongates by granting a stay order and/or not entering the case in the cause list. Therefore, If you don't go in-person then you should strict with speedy trial with them.

 

Quashing is possible if there is strong legal grounds (Analyzing whether the prima-facies falls under the definition of crime of the said IPC or not) and strong circumstantial evidences that proves impossibility of committing crime (Using evidence act) only.

 

Otherwise, HC will not quash since despite of your submissions it can’t be a bar to adduce evidence to forfeit the allegation of complainant.

 

Therefore, it is always advisable to keep a 2nd prayer of speedy trial since lengthy trial deprives personal liberty as per Article 21 of Indian Constitution so as per section 21 (B) of Hindu Marriage Act pray for order/direction to the trial court to dispose of the trial within 6 months from the communication of the order.

 

The major advantage of quashing with speedy trial is - your submissions, grounds and evidences will be recorded in the HC order along with speedy trial order which will act as a strong set of evidence in the trial court. This will help because a lot of cheating happens in trial courts. Sometimes, I have seen people wrongly get convicted in trial court and then get acquittal from session courts and/or HC. These are nothing but money extorting plan.

 

Lastly, I would like to say that, argue properly and to-the-point with no redundancy and fear. Please also don’t expect any sympathy from the judge. Always keep in mind that you need to defeat that judge and the public prosecutor with your to-the-point arguments only.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 May 2015

I can’t encourage bribery. You should co-operate with police (IO) for proper investigation.

Kiran searching answers (working)     08 November 2018

how many times can i apply for quash ? 

Also how to apply for speedy trial ?

Bk   27 November 2019

First thing if charge sheet not filed then put pressure on io to not include ur family members and sort it out in pc, usually one of my frnd in Hyd was charged 40k for quash and AB for 3 members.. you search for other lawyers who can do it for cheap.. lawyer fee is not fixed looks like u have approached some very senior lawyer. But remember if u have solid proofs all lawyers do same job.. so check for other options.

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