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KESARI KUMAR   03 July 2015

On mutual settlement quashing of 498 a in ap high courtwitho

Dear Sir ,

 
May I request you to clarify on 498 a quashing in AP High Court .
I wish to inform you that the marriage of my son was performed in 2010 in Hyderabad AP and a criminal case under 498 a , 420 , 406 and Sec 4 and 6 of DP act was initiated in 2011 and a charge sheet was submitted in 2012 and the case is still pending against me ie father A2 / mother A3 / sister A4 and my son A1.
My son A1 and Daughter A4  live in USA.
Now she has come for a settlement and has agreed to go for compounding 498 a case .
My question is my son and daughter are unable to come to India I and my wife are only available to attend the court IN HYDERABAD , AP , please let me know as to how to go for quashing without the presence of my son and daughter can I use power of attorney or is there any other way.
Please help.
Thanks and Regards,
Kesari


Learning

 21 Replies

Dr J C Vashista (Advocate)     03 July 2015

If your daughter-in-law agree, obtain a compromise deed written in Mediation or Counsellor Cell of the Court where the case is pending and you may move to AP High Court, on behalf of all the accused for quashing of FIR .

Your son and daughter living abroad may join the High Court proceeding on the appointed day/date, however, it can also be considered/exempted from their personal appearance through your counsel.

Consult the case with your lawyer, nothing impossible, if you desire so.

Best of luck. 

SAINATH DEVALLA (LEGAL CONSULTANT)     03 July 2015

In addition to what DR.Vashista has adviced, I would like to know if U have a POA from UR son and daughter.

Adv Shrikiran.B (Advocate)     03 July 2015

Dear Mr.Kesari,

Do as Vashista sir has advised. As your daughter-in-law has come for a settlement and has agreed to go for the compounding of 498A, obtain a compromise deed written in Mediation cell of the Court where the case is pending and move to AP High Court,engage a lawyer and submit the quash petition, copy of the compromise deed, POA, an affidavit containing strong grounds suggesting the inability of your son and daughter to be present before the Hon'ble High Court for 498A quash proceedings. The judge may allow you to represent your self and your wife normally and your son and daughter on the basis of the POA provided your lawyer is good enough to impress upon the judge to allow you to represent your son and daughter on the basis of POA. 

Regards,
B.Srikiran Advocate
9618069453 (Hyderabad)

KESARI KUMAR   03 July 2015

I thank Dr Vashistaji , Sainath Sir and Srikiran Sir for posting reply .

As regards the Power of Attorney from my son /daughter I am yet to take and will complete the process.

As Srikiran garu mentioned that an affidavit containing strong grounds suggesting the inability of my son and daughter to be present before the Hon'ble High Court for 498A quash proceedings.

My daughter is doing an MS Programme in a US University and there would be continous assignments and tests including practicals and attendence necessary which cannot be dispensed .

My son is a Software Engineer with day to day ongoing projects to be completed and submitted with client interaction leaving him practically tied up with the job his absence from job would jeopardise his job with every chance of loosing his job.  

Can these be valid reasons that can be mentioned in the Affidavit or any other strong / relevant reasons may be suggested from your Hon'ble forum for which I would be very thankful .

Regards,

Kesari kumar

 

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 July 2015

The reasons mentioned by U are not sufficient and valid for exemption from attendence .However they can file a petition u/s 205 crpc for exemption from personal attendence.

Section 205 Of Cr.P.C.Magistrate may dispense with personal attendance of accused.-

Section 205 Of Cr.P.C.Magistrate may dispense with personal attendance of accused.-

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

 

“ It is stated that as respondent was ill, that necessary petitions were filed before the learned Magistrate under Section 317 ofCriminal Procedure Code to condone the absence of the respondent and also a petition underSection 205 of Criminal Procedure Code to dispense with personal appearance. The learned Magistrate allowed the petition under Section 317 of Criminal Procedure Code, but however dismissed the petition under Section 205 of Criminal Procedure Code and directed respondent to appear before Court.”

 

Biswanath Roy (Advocate)     04 July 2015

Enter into a MOU with your daughter in law before filing the proposed compromise petition in H.C. for your representation on behalf of your son and daughter  as their POA holder.

Adv Shrikiran.B (Advocate)     04 July 2015

Dear Kesari garu,

Sorry for the delay in replying to your query.

As I informed you, the representation has to be very good before the Hon'ble High Court judge so that POA can be accepted. The grounds which you have mentioned are quite good and the judge may accept the grounds since there is no chance for your both kids to be present before the Honbl'e High court to represent themselves.The petition u/s 205 may also work for quash proceedings for 498A as advised by Sainath sir. 

 

     

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     04 July 2015

Just go around and search for an expereinced advocate dealing in such cases.

 

You can also visit court records even at your place where such criminal  complaints have been closed.or settled.

 

No need to go HC or even to bring POA from other accused.  Just appraoch the lower court with the complainant that she does not want to persude the case  There are many ways to do it.

 

  Burt .once you say compromise or compunding  than all above steps will come.which others have suggested.

 

There are  many other simple solutions which only an advocate who has handled such cases can tell you and not on public web site like this.

Biswanath Roy (Advocate)     04 July 2015

Sec. 498-A  IPC is not a compoundable offence but an amicable compromise can be made before the Hon'ble Judge of the High Court. Regarding lawful representation of the author's son and daughter I HAVE ALREADY EXPRESSED MY VIEWS which can be accepted by the High Court.  But MOU SHOULD BE DRAFTED BY AN EXPERT.

KESARI KUMAR   04 July 2015

My sincere thanks to Sainath garu , Sri Biswanath Royji , Srikiran garu , Laxminarayan garu for taking time and posting valuable information.

I will follow the suggestions and would be grateful if the Hon'ble forum can post a general sample format / template / link  that covers the important aspects for the MOU / COMPROMISE DEED and a Sample template for Special Power of Attorney to be obtained from NRI son / daughter to sign the MOU and to  compromise / settlement of 498 and DVC

Thanks and Regards,

Kesari kumar

Biswanath Roy (Advocate)     05 July 2015

Sorry, Format cannot be supplied by this Forum. You shall have to buy it. I am afraid to say drafting a MOU, COMPROMISE PETITION AND POA comes under the purview of professional acting which is always chargeable. But I need to remind you Compromise petition for High Court and MOU needs special skill so that in future neither of the party can get any scope to revive the dispute or can reagitate it in another form. For instance if you want to operate a boil on your body you may go to any BARBAR and request him to operate that boil by his nail cutter chisel and he can easily do that without thinking its future consequences WHEREAS if you go to a medical SURGEON to operate the same he will first disinfect the boil , sterilize his knife and shall operate it in such manner so that it will not damage the main blood vessels under that boil and then bandage the portion pouring medicine inside it.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 July 2015

Mr. Roy Sir,

 

I am proud of myself that I am not an advocate.

 

I am also a professional with Science&Technological background, train my juniors and help other professionals of my same category, clients with enough and full resources and information.

 

 

Biswanath Roy (Advocate)     05 July 2015

Appearing symbol itself indicates your significant character my dear friend. Our profession does not bear such a specially charactered symbol.and will never it will be.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     05 July 2015

No need of POA or MOU and all this .

 

Once the parties have decided to end the conflict the matter can be easily settled at lower court level.

 

Go to a seasoned local advoate who has done it in other cases.


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