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insaniyat (Engineer)     03 December 2011

Hurray..dvc dimissed now what next?

Hello Experts,


My DVC case had been dimssied by Lower Court saying that she made unjustified act by filing false case against her in-laws (My Mother and Sister). Further, she made false allegations against myself with no proof at all. Court says that it is not safe to rely upon her evidences, hence the Court found that she has unjust enrichment from her husband made false claim U/s 19 of the Act.

Hence the case was dismissed with No Cost.


Previously while DVC was running in Lower Court, my advocate approached HC to Quash 498a. HC ordered to go for trial, however my physical appearance in court is not mandatory unless required.


My question is what next step should I take?

1. On the basis of DVC judgment, Shall I approach HC for Quash 498a?

2. What are the other options to get rid of 498a?


Thanks in advance.




Never Give Up


 46 Replies

Sanjeev (Lawyer)     03 December 2011

let 498A trial continue it cant be discharged basis DV judgement.

1 Like

cm jain sir (ccc)     04 December 2011

congrats brother!!!

hope we all should post our success here so that this biased system in our country will know the realities....

Ashwin Hawelikar (Advocate)     04 December 2011

Once HC has remanded it back, so you can't approach again. And you can't make lower courts findings as a ground before HC. This can be a good ground before 498 trial.
1 Like

Ankit Tuli (Owner)     04 December 2011

Congrats Brother. 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 December 2011

contest 498 case at trial court.


498A cannot be quashed if ..the accusations are bringing home an offence under section 498a, i mean that the contents of the complaint are coming under 498A...it is very difficult..

You can show the dismissal of the DV case in the court where 498A is running...it will make your side much stronger..

And you can also file application under section 340 CrPC to show your wife what happens in case a wife files a false complaint...CREATE AND EXAMPLE..



insaniyat (Engineer)     04 December 2011

Thanx Guatam,


what if I file application under section 340 CrPC, do I need to present on every hearing.


I got exemption for my attendance on 498a trial unless required.





Never Give Up

AAAAARRRRK (Others)     04 December 2011

HEARTIEST CONGRATULATIONS ! Please take the advise of your lawyer and file counter cases of false allegations, perjury and demand compensation for harming the respect insociety, legal charges, stress, tension, valuable time spent. You will see that even 498a will also be withdrawn. Build up pressure Bro ! You can't be taken to task by such gold diggers.

Alok Tholiya (self employed)     05 December 2011


1 Like

ravindra (Analyst)     05 December 2011


1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

Heartiest Congratulations.


Contest in trial court only.




Shonee Kapoor


insaniyat (Engineer)     05 December 2011

Thanks indeed Shoneeji..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011



For 340 application, you are not the complainant, complainant is the court, hence you need not present on every date.



Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011



Read the articles at forum.498a.org, it has been explained there in detail by yours truly.



Shonee Kapoor

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