Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Is it possible to quash 498a in highco.without wife presence

Hi All, My wife has filed 498a & DP 3&4 on 03.09.2013 on me. In FIR, my wife mentioned my name only. She mentioned in FIR, like 15 lakhs dowry and 150gms gold given to my husband in front of her relatives and My parents. I went to police station and released on regular bail.

In between my elders made settlement, They made us like we have taken 6 lakhs dowry at the time of marriage and same signatures taken from me and my parents on white paper. In settlement paper, we have to give 7.5 lakhs for the settlement amount to wife at the time of Divorce decree. after that, we went and submitted all her gold  and her belongings and same we have taken signatures on 100 rupees bond paper.

And I have deposited money through check 7.5 lakhs in Joint account, written on Rs.20 bond paper saying Father in laws money is Rs.6 lakhs and mine is 1.5 lakhs. Totally 7.5 lakhs both (Wife & Husband) has to with draw cases and with draw money from joint account and has to give to wife  7.5 lakhs at the time Divorce decree day .” my father in law submitted to us gold receipt for 85 gms without paying tax . Now we have that gold receipt paper.

After that I have received the legal notice from my wife’s lawyer asking Divorce and same my lawyer given reply to that legal notice accepting the Divorce. My lawyer told wife filed divorce on 26.12.2013 and he also filed for Divorce like that our lawyer told to us.Till now I didn’t receive the any Divorce notice from court and my wife. my lawyer is not telling anything whether it is mutual divorce or contest divorce or exparte divorce and my wife is not taking 498a case back.next hearing I have next month.

Proofs : 1.Emails 2.Settlement Paper 3.Gold receipt with out paying taxes 85 gms. 4.Mobile messages.5.FIR Copy

Please advise Is it possible to quash 498a case in Highcourt without wife's presence.



Learning

 12 Replies

dv (ghvhb)     17 January 2014

Your case has not been handled properly Provide further details as to how this was done Through a mediator or just amongst yourselves. Why Did t hey tak your parents signatures. Something is fishy , find a good lawyer and discuss with him If I were you I would uae a court mediator

dv (ghvhb)     17 January 2014

By making you sign such declarations it proves you did misaapropriate articles and also the dowry you took .... I am not an expert or lawyer but the fact she not taking her case back shows her intentions clearly

dv (ghvhb)     17 January 2014

There are respected lawyers and experts here , reach them.shonee kapoor, lawkonnect, helping hand , ramacharry Read the forum and also research on 498a.org

(Guest)

Hi ,This is done through mediators only (Lawyer, elders,parents).Thanks for quick advise.

Uday Kumar (Advocate )     18 January 2014

Dears,

 

498A is a Non Balable offence and also hit by 320 CRPC however  SC has given permission to withdraw such case if Complainant and Accused is willing to compromise as in such case if Parties have compromised then no useful purpose will be served by continuing the trial of the case. But note without Complainant submission you case cannot be withdrawn or closed.

Biswanath Roy (Advocate)     18 January 2014

Complaint u/s.498 A can be compromised BY TAKING PERMISSION OF THE JUDGE OR MAGISTRATE AND BY SUBMITTING a SOLENAMAH i.e,BOND.. VIDE -Gursharan Kaur  vs.  State 1993 Cr. LJ PAGE-2076 ( Raj ), and   Daggupatti Jayalaksmi  vs. State 1993 Cr. LJ page 3162 ( A.P. )

T. Kalaiselvan, Advocate (Advocate)     18 January 2014

As far as the legal notice is concerned, it should have been served upon you, whether you did not notice what was written in  it?, Did you not go through the contents of the reply notice your lawyer sent to the legal notice?  What was written in it, whether you have straightaway agreed for divorce, if so, it should be on mutual consent, and in the mutual consent divorce, you both shall have to sign the petition, did you sign the petition?, How can your advocate file a divorce case without your consent or signature in it?, give full details for a proper reply/opinion.

Biswanath Roy (Advocate)     19 January 2014

I reiterate once again that the criminal case u/s. 498A cannot be quashed but it can be compromised between the complainant and accused before the Judge or Magistrate and for such compromise attendance of Complainant and accused in the court is necessary.


(Guest)

Hi All, Thanks for quick advise. My lawyer has been given reply to my wife’s lawyer legal notice and I didn’t see my lawyer what given reply but he told me whatever she mentioned all those things are wrong and we are also accepting for divorce like that he given reply like that  told me.signature concern My lawyer taken vakalat from me.Yesterday my lawyer told me that we have next month hearing on 21.2.2014 that day I will ask her lawyer to with draw the case and close case like that he told me and on Divorce concern he told me we will get divorce petition from court soon and you and me we both will get and I will attend for that like that he told .my lawyer told me maintenance case concern I will ask her lawyer to file that .

 

Question:

1)  Charge sheet is not yet filed, 2nd 498a hearing I have next month, if me and wife attend in the court, Is magistrate will close the case   same day or how that would be? Is wife itself can’t the close without husband presence? Or Till we have to wait next month hearing? Please advise.

2)    If 498a case closed, Is there any notice will get case closed like that ? How can we check the status wheather case is closed or not? How many days it will take to get case closed please advise.

3)    Please advise whether my lawyer is guiding correctly or not?

4)    Is it possible to check the status wheather charge sheet filed or not?

 5)    Please advise what is these Divorce? Mutual or Contest or Exparte Divorce? My lawyer didn’t tell me about these.

 

 

Thanks for ur time and guidance.


(Guest)

Hi All ,Please advise on above query. Thanks for quick response.

sandykrish (Interested in Family LAW)     21 January 2014

Hey Venkat you have been misguided very badly, your questions sounds very stupid and at time irritating. Even despite giving you all necessary plan of action you will listen in to your advocate words. In simple words you have been caught in a settlement spree where you lawyer has joined the hands with the other lawyer. Take precautionary steps to change the lawyer other wise you will lose your money plus your case will be hanging in boots and you will not get your divorce.

Last Reply unless you are matured in writing the questions.

 


(Guest)

dear Sir 498a is a non bailable offence then how accessed of 498a get bail Plz explain


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query