Plz help:need sc judgments to quash 498a based on annulment


Hello,

My marriage is annulled on ground of fraud. I would like to use my Annulment Order which declared the marriage void and null to get 498A quashed. Could you kindly provide any case law/citations or previous cases from Supreme Court that Quashed 498A FIR based on annulment.

That would be of great help, as I can mention those cases in my Quash petition,
Thanks and Regards
 

 
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lawyer

sunil g, if u have the certified copy of annulment then why do you fret? you can try and convince the judge to hear your plea and qash the fir, if he specifically ask you for a judgement then you can go the library pay 10rs and search on manupatra and give the same on the next date. manupatra is more comprehensive for research than any other source.

 
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Voluntarily Retired from Indian Overseas Bank

DEAR MR. QUERIST

                                          YOU ARE ADMITTING THAT YOUR MARRIAGE WAS ANNULLED ON THE GROUND OF FRAUD . SECTION 498A DEALS ONLY TO CRUELTY TO WIFE BY THE HUSBAND AND THEIR IN LAWS IF ANY DEPENDING ON THE CASE . WHEN YOUR MARRIAGE WAS ANNULLED ON THE GROUND OF FRAUD , THEN THE QUESTION OF CRUELTY TO WIFE BY THE HUSBAND DOES NOT ARISE AT ALL . THE WOMAN WHO GAVE THE COMPLAINT IS NOT AT ALL YOUR WIFE BECAUSE YOU HAVE COMMITTED SOME FRAUD IN YOUR MARRIAGE . BUT YOU HAVE TO COME OUT CLEAN THAT YOU HAVE NOT COMMITTED ANY FRAUD IN YOUR MARRIAGE . THEY HAVE TO BOOK A CASE ON YOU FOR FRAUD ONLY AND NOT FOR ANY CRUELTY BY HUSBAND TO THE WIFE WHICH COMES UNDER SECTION 498A . IS THEIR ANY CASE BOOKED ON YOU FOR FRAUD IN YOUR MARRIAGE . I HOPE YOU CAN GO IN FOR A QUASH OF THE CRIMINAL PROCEEDINGS AGAINST YOU UNDER SECTION 498A BUT THE FRAUD COMMITTED BY YOU WILL REMAIN . FOR THAT THE COURT MAY ISSUE DIRECTIONS TO FILE A CASE FOR THE FRAUD COMMITTED BY YOU IN THE MARRIAGE .YOU MUST BE READY TO FACE THAT CASE . IF YOU CAN PROVE THAT YOU HAVE NOT COMMITTED ANY FRAUD IN YOUR MARRIGE THEN PLACE THOSE RECORDS BEFORE THE COURT TO COME OUT CLEAN FROM EVERYTHING . IF YOU WISH AND IF THE FORUM ALLOWS YOU , CAN YOU ENLIGHTEN ME ON WHAT FRAUD YOU COMMITTED IN YOUR MARRIAGE TO MY MAIL I.D. : - josephwilfred1a0b7c9d0e0f2gags@gmail.com . THIS MAY ENABLE ME TO FIND OUT IF ANY JUDGEMENTS ARE AVAILABLE . BUT I DON'T ENCOURAGE FRAUD COMMITTED BY EITHER HUSBAND OR WIFE AND THAT TOO IN A MARRIAGE WHICH SHOULD BE A SACRED ONE WHERE THE HUSBAND AND THE WIFE ARE UNITED AS " ONE " ENTIY AND NOT AS TWO PERSONS . - JOSEPH WILFRED - 25TH JUNE 2013 AT 22.12 HRS. 

 
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Namasthe Joseph Ji,


Fraud was committed by her not me..Could you please provide any citations/previous SC judgments that I can cite in my quash petition.

 

Regards,

Sunil

 
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Voluntarily Retired from Indian Overseas Bank

DEAR MR. QUERIST 

                                      FRAUD WAS COMMITTED BY HER AND NOT BY YOU AND HOW DID THEY FILE 498A ON YOU FOR CRUELTY TO WIFE . THERE IS A JUDGEMENT IN MARCH 2013 . A WILL MENTION A SHORT NOTE OF THAT SUPREME COURT JUDGEMENT. A BENCH OF JUSTICES A.K.PATNAIK AND S.J.MUKHOPADAYA SET ASIDE A JUDGEMENT OF THE JABALPUR BENCH OF THE MADHYA PRADESH HIGH COURT ,WHICH HELD THAT SUCH CONDUCT ON THE PART OF BRIDEGROOM BHARAT BHUSHAN'S BROTHER AND THE LATTER'S WIFE WAS CERTAINLY AN ACT OF CRUELTY AND RESULTED IN MENTAL DISTRESS TO THE YOUNG WOMAN WHO COMMITTED SUICIDE JUST TWO MONTHS AFTER MARRIAGE .

                                      CHANDRA BHUSHAN AND HIS WIFE WERE AGGRIEVED THAT THEY WERE CONVICTED OF CRUELTY AND DOWRY DEATH ALONG WITH THE BRIDEGROOM AND HIS PARENTS. MADHURI GOT MARRIED TO BHARAT BHUSHAN ON JUNE 10TH 2003 AND ON AUGUST 5TH THAT YEAR SHE CAME TO HER PARENT'S HOUSE , WHERE SHE HANGED HERSELF ON AUGUST 17TH. THE TRIAL COURT CONVICTED CHANDRA BHUSHAN AND HIS WIFE ALSO .

                    THE HIGH COURT , WHICH MAINTAINED THE CONVICTION HELD THAT THE DECEASED WOULD CERTAINLY HAVE BEEN IN MENTAL AGONY WHEN HER PARENTS WERE MAKING EFFORTS TO CALL CHANDRA BHUSHAN AND HIS WIFE ( APPELLANTS 2 AND 4 ) AND OTHER APPEALLANTS TO COME AND SETTLE THE DOWRY DISPUTE . YET THE COUPLE REFUSED TO GO AND SETTLE THE MATTER MERELY ON THE GROUND THAT THEY WERE FROM THE GROOMS SIDE . THIS WAS AN ACT OF CRUELTY TOWARDS THE NEWLY MARRIED WOMAN AND THEY, AONG WITH APPELLANTS 1 AND 3 WERE JOINTLY AND DIRECTLY LIABLE UNDER SECTION 304B AND 498A OF THE IPC ,THE HIGH COURT SAID .

                        THE SUPREME COURT ALLOWED THE APPEAL BY CHANDRA BHUSHAN AND HIS WIFE .WRITING THE JUDGEMENT , JUSTICE PATNAIK SAID : " CRIMINAL LIABILITY UNDER SECTION 304B IPC IS ATTRACTED NOT JUST BY THE DEMAND FOR DOWRY BUT BY AN ACT OF CRUELTY (TO) OR HARASSMENT [ OF THE WOMAN ] BY HER HUSBAND OR ANY OF HIS RELATIVE IN CONNECTION WITH SUCH DEMAND. ; THUS , UNLESS SUCH AN ACT ............ IS PROVED TO HAVE BEEN CAUSED BY THE ACCUSED TO THE DECEASED SOON BEFORE HER DEATH..............., THE ACCUSED CANNOT BE HELD LIABLE FOR THE OFFENCE OF DOWRY DEATH UNDER SECTION 304B OR UNDER 'CRUELTY' SECTION 498A. WE DIRECT THAT THE BAIL BONDS FURNISHED BY APPEALLANTS 2 AND 4 STAND DISCHARGED .

                            YOU CAN GET THIS JUDGEMENT FROM THE WEBSITE AND I HOPE THAT THIS MAY BE OF SOME HELP TO YOUR ADVOCATE TO QUASH THE 498A CASE AGAINST YOU AND OTHERS IF ANY . IN THIS CASE ONLY TWO HAD GONE ON APPEAL TO THE SUPREME COURT . MAY BE THE REST WOULD HAVE GONE ON APPEAL LATER - JOSEPH WILFRED - 02/07/2013 AT 15.02 HRS    . 

 
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Voluntarily Retired from Indian Overseas Bank

DEAR MR. QUERIST

                                     SINCE YOU ARE HAVING YOUR ANNULMENT ORDER , YOU CAN FILE A DISCHARGE PETITION IN THE SAME COURT ITSELF ENCLOSING THE ANNULMENT ORDER AND SEEKING DISCHARGE FROM THE CASE . IF THE JUDGE DOES NOT AGREE TO DISCHARGE YOU FROM THE CASE , THEN YOUR ADVOCATE CAN REQUEST THE JUDGE TO DISMISS THE PETITION AND PASS AN ORDER FOR THE DISMISSAL OF YOUR DISCHARGE PETITION . YOU CAN APPLY FOR A COPY OF THE DISMISSAL ORDER FROM THE COURT AND GO ON APPEAL TO THE HIGH COURT AGAINST THE DISMISSAL ORDER PASSED BY THE LOWER COURT . YOU ALSO FILE A PETITION FOR STAY OF THE PROCEEDINGS IN THE LOWER COURT TILL AN ORDER IS PASSED IN YOUR APPEAL IN THE HIGH COURT AGAINST THE DISMISSAL ORDER PASSED BY THE LOWER COURT . THE HIGH COURT MAY STAY THE PROCEEDINGS OF THE LOWER COURT WHEN YOUR APPEAL IS ADMITTED IN THE HIGH COURT .- JOSEPH WILFRED - 04/07/2013 AT 14.13 HRS. 

 
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