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MASTHAN (Self employeed)     03 December 2009

Need help on 498A case

Hi All,

I need your help urgently. My brother wife filed a false 498-A case and dowry prohibition case against all my family members (including me). Actually it is a false case that every one knows. Now how to prove my innocene in this case and what are the best ways to washout my hands in this. Actually the polices already filed FIR and we all came out bail ( I am on AB). Now I want to know the best way to wash my hands. My friends suggesting 2 ways.

(1) to discuss with local polices and asking them to remove my name from charge sheet

(2) going to highcourt and filing a petition for Quashing?

What is the best way ? In general how long it will take to quash these kind of cases and how much amount it will cost to go high court ?

Some of my friends also telling that it is not possible to go high court till polices include my name in the charge sheet, is it true ?

Thanks for our help in advnace!


Learning

 12 Replies

anuz doda (independent advocate)     03 December 2009

Dear Masthan , There is the best way to discharge you from this FIR is available in High Court only . You should approach H.C. for Quashing the FIR against you . But there must be some strong evidence with you that you have no relations with this crime or no relation with your brother & his wife or you live in a seperate house from a long time or any other strong points .

      Fee for HC Advocate depends on his experience or ability , You can get this fascility in 20000 Rs only .

    Generally it takes maximum 6 months time for FIR quashment in HC.

  Your name is in FIR , It is sufficient for you  to approach HC. there is no bar regarding chargesheet of police is necessary for approaching HC in this matter.

M.P.KRISHNAIAH (ADVOCATE)     03 December 2009

dear Mastan,You better to approach the Hon"High Court for quashing FIR with supporting evedence.

dhiraj choudhary (n/a)     03 December 2009

best way for u is 2 first of all argue on charge  n if that doesn't work then challenge the order in petition under sec.482 c.r.pc . in this way u'll get d benefit of 2 remedies

ramprasad reddy. pottipati (Lawyer)     04 December 2009

It is very good to move an application quashing under section 482 Cr.P.C in High court. but the F.I.R should not disclose any specific allegations against u with regard any harassment or cruelty. recently the apex court also depracates the attitude of the High Courts invoking Sec 482 Cr.P.C. So approaching to the High Court is quiet easy, but apparently there should not be prima facie allegations against u. then only it is easy to quash the proceedings.The Apex Court in KansRaj Case made it clear that adding more accused and there is every chance lost its case and original culprit also escapes from the clutches of law.

MASTHAN (Self employeed)     05 December 2009

Hi All,

Thanks for all your replies!

Here I have couple of proffs which i want to ring ur notice.

(1) My brother wife firt given a complaine in my home town . In tha complaint she mentioned only my brother name and my mother name (my name and my younger brothers names not mentioned) based on her complaint local polices conducted family counseling between my brother and his wife but unfortunately that is failed. After 1 and 1/2 half she given one more complaine in her home town in that she mentioned everyone's name in the complaint. She is not staying with us befor giving first compalint onwards.

(2)  After giving first complaint in my home town, her relatives started blackmaing me. I wrote a letter to SI, DSP, and SP by explaining my situation and their demands but police people have not taken any action on that. However I still the photo copied of the letters  and registered post acknowledgements.

 

(3) In latest complaint, there are no specific allegations against me. The complaint is very generic and in the complaint she is not mentioned the date of  harassment also. Her lawyer encouraged her to put false case against my family.

 

(4) Can I request the  court for lconducting ight-detector tests to her to prove my innocence ?

(5) Since it is a false case she dont have any prooffs to prove harasment, based on this can  court quash the case ?

 

Thanks for your help in advance!

 

Thanks,

Masthan

Sandeep Kulshrestha (Advocate)     05 December 2009

 

 

Dear Masthan,

 there are certain ways to defend yourself at this stage, elimination of your name at investigation stage, Defending yourself at framing of charges, Revision against charge and approaching High Court under section 482  of Cr.P.C., but everything is possible only if allegations against you are not sufficient for trial or prima facie no case is made out.

MASTHAN (Self employeed)     05 December 2009

Hi Sandeep,

Thanks for your reply! Could you please suggest what step i need to take right now ?

Thanks,

Masthan

 

Jitendar Kumar gupta (CEO)     06 December 2009

hi masthan, as per ur case which u have mentiones, nothing is serious. You have to approach the High court and get ur name quashed in the FIRby filing a petition U/S 482 Cr.P.C.

J.K.Gupta.

Yashveer Singh Mathuria (Proprietor)     07 December 2009

hi, masthan ji u have to file a quasing petition in High court.

Hardik Mehta (Family Counsellor)     10 December 2009

Masthan,

Quashing will not help you, if prima facie the charge is made against you. Sorry lawyers, but this would be the waste of money and time. Let police do the investigation and you submit your evidences to the police. The police can then remove your name from the chargesheet. If the police does not remove your name, you can then go for the discharge, by the supporting evidences that has been given to the police. If you dont have the evidences, and the complaintant has also not produced the evidence then also you can go for discharge on the grounds of lack of evidence. Here you will not have to prove anything. Just be cool till the chargesheet is filed. Since you are out on AB, you dont have to take any further actions, unless the AB is time bound.

MASTHAN (Self employeed)     15 December 2009

Hi Mehta,

Thanks for your reply.  The FIR registered in Andhra Pradesh, I am staying in Bangalore. In the future if I want to go for quashing I need to go Hyderabad High court. Is there any possibilty to go to Karnataka High court instead Andhra Pradesh High court . Since I am staying in Bangalore from the last 5 years, it is easy to go Bangalore High court instead AP High court. Please let me know the available sections / loopholes of our Indial law for this .

 

Thanks,

Masthan

 


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING 498A I.P.C.CASE KINDLY NOTE THAT.

1.SECTION 498A OF INDIAN PENAL CODE WAS ADDED BY AN AMMENDMENT TO PROTECT THE MARRIED WOMEN FROM HARASSMENT FOR DOWRY DEMANDS.

2.THOUGH THE INTENTION WAS GOOD.NOWADAYS MOST OF THE CASES THIS PROVISION OF LAW IS MISUSED TO AVENGE THE RELATIVES OF HUSBAND.

3.KINDLY NOTE THAT EVEN IF F.I.R.IS FILED AGAINST HUSBAND AND HIS RELATIVES

IT DOES NOT MEAN THAT ALL ARE GUILTY.

4.SECTION 482 OF CRIMINAL PROCEDURE CODE CAN BE USED FOR QUASHING THE FALSE COMPLAINTS FILED AGAINST THE HUSBAND AND HIS RELATIVES.

5.A WRIT PETITION CAN BE FILED TO THE HIGH FOR QUASHING THE FALSE COMPLAINTS IT WILL SAVE TIME MONEY AND UNNECESSARY HARASSMENT OF HUSBAND AND HIS ALL INNOCENT FAMILY MEMBERS INCLUDING UNMARRIED SISTERS AND OLD PARENTS AND GRAND PARENTS AND BROTHERS AND SISTERS WHO HAVE NOTING TO DO WITH THE SAID DISPUTE.

6KINDLY NOTE THAT A SIMPLE APPLICATION IS SUFFICENT TO FILE A COMPLAINT TO THE POLICE STATION AND THEY WILL TAKE ACTIVE INTEREST TO GUIDE FILING COMPLAINT ON UNIFORM STANDARD FORMAT.KINDLY NOTE THAT EVEN THE DOWRY AMOUNT MENTIONED IN MOST OF THE CASES IS ROUND FIGURE OF 50,000,OR 1,00,000/- OR IN MULTIPLES OF THAT AS SUGGESTED BY VESTED INTEREST PARTIES.

7IN CASE THE QUASHING WRIT PETIITION IS FILED AT HIGH COURT IT WILL COST LESS THAN ATTENDING COURT BY ALL FAMILY MEMBERS AND SAVE HARASSMENT OF ALL.

8THERE ARE CASES QUASHED BY HIGH COURT ON THE BASIS OF F.I.R.

9 IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE


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