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Challenger (CEO )     16 April 2014

Quash and steps

Hello experts

my wife filed fake case 498 a and other sections ... Gone to remand ... Out with regular bail

challenged in high court for quash .... 

Notices served no reply from ex party .... Unserved notices filed in high court

even though my lawyer is trust worthy out of curiosity I want to know further steps

he promised that once unserved notices filed now in 45 she has not replied ... Case will be disposed is it true?

if there are any more steps?


next I don't want leave her just.... Once quash succeed  I like to file cases on her and her family.

basically their allegations in current case

1. She mentioned that she gave a plot as dowry ...

truth is till this second I don't have any single feet of land on my name ....even my parents property still on my mother name even though we 3 brothers divided

2. Mentioned that forced to go abortion me and my family by demanding extra dowry

truth ... she had 3 months pregnancy the day she argued and left from my house with her Parents, the day I met her in station she is not carrying baby. All I want to ask is abortion is illegal not only the people commits also the doctor do that. My challenge is if it has done by me or my parents produce the details ... Me or my family pray high court to investigate and punish.

3. b4 she  left home ( no date) me and my parents hit her and pored position in her mouth in presence of her parents by beating them as well

truth is ... It never happened ... If happen any naibours   Witness ?  is if in case it happen the location ( my sis home) is located in area where hospitals accessible with in 5 min ... The district multi specialty government hospital is just 6 min distance ... Where she took treatment,

Police station is just opposite to hospital why she or her parents why not complain?

district collect rate is located behind the police station why not seek help ,

4. Finally on the day of complain she mention me and  some of my friends gone to her parents home and forced to sign on some ( no details) papers beat all her family members at 5:30 pm and complaint filed at 9pm

truth Is ... I was ion other city which is 210km away from her home and 150 km from my home on occasion of my close friend daughter birthday since morning. At 6:02pm I draw ( only myself) some money from ATM.

7:30 pm we were booked a room on my name to party with my friends I myself signed on register.


by taking all these I want to file cases to prove herself and her parents.

since the day we got bail and came out they vacated house and till now no address...


expect best suggestions on this


 6 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     17 April 2014

If your wife not appeared, then, may be court, "Admit" the matter and stayed the further proceedings of 498 case.

If final hearing notice issued to the respondent and she failed to appear, then matter can be disposed as finally. All depends on the High court.

1 Like

Adv k . mahesh (advocate)     17 April 2014

not immediately it will be disposed off but takes another two times hearing and if your lawyer stress to dispose the case then court may dispose because court will give other party also a fair chance to prove the allegations kept by them 

heral (working)     17 April 2014

Sir, u hv to wait long time for quash.

SeekAdvice India (NA)     17 April 2014

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T. Kalaiselvan, Advocate (Advocate)     18 April 2014

The high court on a quash petition before it on such issues, will certainly send summons/notices to the defacto complainant and on satisfaction of sufficient services of notices, if he defacto complainant is not appearing before the high court ornot being represented, there are chances that the case to be decided in favor of the  petitioner based on the circumstances and grounds pleaded in the petition to their defence by the petitioner.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     18 April 2014

All your pleadings are the matter of evidence which High court will not look into even other side do not come. If it is police case APP will oppose Quash.


Quash success rate is very minimum.


Unless you can show contradictions in the complaint the case will be at the most remanded back with some directions.

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