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harrassed (SE)     26 October 2014

Interim bail granted in 498a case. what next?

Hello All,

 

I have been framed into false 498A case. I have applied for anticipatory bail and got interim bail for 2 months. In the mean while the court has ordered for mediation. I have appeared for all the 3 sessions that was posted by court. My wife didn't turned up for any of the sessions. The mediation center has returned the file to court today saying that the mediation has not settled. I would like to know what is the next step in this?


I'm planning to file squashing petitions for the false 498A case with whatever proofs that I have. Please advice.

 

Thanks in advance



Learning

 15 Replies

harrassed (SE)     26 October 2014

Can I file a divorce now? or do I need to wait for some more time till any result coming out of the current 498A?

 

Please advice.

NARENDER RAO BASAVARAJU (ADVOCATE)     26 October 2014

 YOUR ADVOCATE WHO FILED YOUR  BAIL PETITION, IS THE  THE BEST GUIDE FOR YOU AT PRESENT. IF YOU DOUBT HIS INTEGRITY OR EXPERTISE, CONTACT A GOOD CRIMINAL LAWYER IN YOUR AREA FOR PENDING 498a  AND ALSO  A FAMILY COURT  LAWYER FOR DIVORCE MATTER..

1 Like

(Guest)

Its foolish to wait for some result to come out of the false 498a that your wife has filed against you.


The case will get over irrespective of whether you are proven guilty or not in the next 5-6 years [minimum].  In the mean time you can approach HC for quash of 498a.  


You should be filing divorce case based on mental cruelty rightaway, as the divorce petition also is very time consuming [8-9 years for contested divorce].  If you wait of 498a to get over, you will have to further wait for divorce case to get over by 8-9 years.  Try asking wife for Mutual Consent divorce, it get over in 6 months time.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 October 2014

first got a regular bail from the court .

Sarvesh Kumar Sharma Advocate (Advocacy)     26 October 2014

divorce case is different matter from criminal  case, it's your choice to filed case .  

BHUWAN RAJ 09839268489 (lawyer)     26 October 2014

Dear

You can file a 482 petition in high court for quashing the proceedings against you, in case chargesheet has been submitted in your case against you.

 

Regards

Bhuwan Raj, adv

Cell : 09839268489

harrassed (SE)     26 October 2014

Thanks all for your advice.

I'm planning to file the quash petition in couple of weeks after collecting all the proofs.

Thanks ind advance.

harrassed (SE)     26 October 2014

Do we have any timelines for the quashing petition. I have read somewhere that cases in high court will be completed soon. Is this case? Typically how long does this (482 CRPC for squashing) case go on?

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 October 2014

case will be posted for hearing whether to grant regular bail or not..

 

institution of quash petition is upto you... based on the grounds which arise

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

You have been properly advised by different advocates above and from my side, first you get enlarged on regular bail properly and wait for the charge sheet to be filed in 498a case. Since you say that is false case, you take up the challenge in the trial court itself instead of going for quash because in general, high courts do not entertain quash and will advise you to approach the trial court for different remedy.  As you have already engaged an advocate to take up your case, it is better you take his advise, if you do not have faith or confidence in him, then you may engage the services of a good lawyer in the local.  About divorce, it depends on how have approached to this problem, if you feel that this will not resolve except breaking the ties, you decide analysing pros and cons properly.

harrassed (SE)     01 November 2014

Thanks all. How do I get the regular bail? Do I need to produce any proofs? If so could you please let me know what are proofs to be submitted. I have following orders,

I originally filed restitution of conjugal rights (Withdrawn by me after 8 months to file a divorce)

Maintenance case (Filed by my wife in 2011) order (Came in 2013 just before reconciliation) stating that both the parties have amicably settled the case

Social welfare department order clearly stating that there were no dowry harrassment

Please advice.

SatCool (NA)     05 November 2014

Respected Lawyers,

I have a question to add regarding quash petition. Once the quash petition is filed in HC will the case in the lower court be put to stay & should a person still go to lower court for the next hearing.

 

Regards,

498-A sucks.

BHUWAN RAJ 09839268489 (lawyer)     06 November 2014

Dear 

 

When u file the quashing petition under section 482 Cr.P.C., the proceedings are stayed by the high court till the pendency of the petition and later on the same are quashed depending on the merits of the case.

IF the proceedings are stayed u dont have to appear in district court on any date.

 

Regards

Bhuwan Raj

Cell: 09839268489.

SatCool (NA)     06 November 2014

Mr. Bhuwan Raj,

Thanks for your valuable answer.

498- A sucks


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