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Sourabh   03 July 2018

Quash for 498a, 323

Respected Members,

  I have filed a Case for 420 and marriage anullment in delhi. And after that my wife filed False 498A and 323 case on me and my whole family in Uttar Pradesh. I have got summons only in my name in 498A Case. She has given statment u/s 200 and u/s 202 Cr pc. there are 2 witnesses her Mausa and her mother. who are giving the false statement that went to there place and beaten all of them. Although I was in my Office on that Day. 

  So I want to ask whether is it possible to apply for Quash from allahabad court on these grounds.

1. that she has filed the case with malafide intention.

2. I have my office attendance register as the evidence for that day.

3. I have filed the Case first in delhi for the Fraud and Anullment, and for the purpose of harassement she filed false cases on me. 

4. There is no MLC for the incidence. and no any complain in police station. 

Is there any chances that the case will be quash by allahabad high court. 



Learning

 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     03 July 2018

If your wife has filed case only on one allegation which happened, when you where preset in office then probability of quash is high and if there are other allegation also then you need to fight case on merit.

For any help feel free to cal at 9456777600.

 

 

 

 

Sourabh   03 July 2018

She has mentioned that me and my family used to torture her for additional dowry, and we thrown her out of house in july 2017, although she went to her home with her own brother and the ticket was booked by me. and mentioned another allegation that I went to her place and abused her and beaten her. But on the same day I was in office. 

Nitish Banka (lawyer)     03 July 2018

Dear Sourabh,

If there are specific allegations then proceedings cannot be quashed but if there are vague allegation it can be quashed. Please have an elaborate discussion if you find my opinion useful.

Adv. Nitish Banka
9891549997


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