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Sunil   24 September 2015

Quash petition rejected in Patna High Court

I am a victim of 498A and have been suffering since 2012. I got divorced in 2013 after a landmark judgement given by HC that directed informant to withdraw case and file for mutual consent divorce. We signed the petition and got decree in August, 2013. In January 2014, my lawyer filed quash petition in HC. I got the number after one year I.e. January 2015. But HC rejected the petition. My lawyer didn't give any convincing reason for this rejection. Moreover, I would like to add that opposition party took a false stand during quashing argument in HC that our side agreed to pay some money. Though, compromise was arrived on the basis of HC judgement. Also, it is clearly stated in agreement that either parties has no claim of any thing on each other. That writ petition for FIR quashing was comprised of mutual agreement, withdrawal of divorce case filed by informant. In spite of that, the order says that the the allegation made in FIR amounts to cognizable offence. Hence, it was turned down. I couldn't understand the reason of rejection as petition was filed for FIR quashing on the basis of the agreement paper between informant and me. Where did things go wrong? Please advise and help. My parents have left this world with this 498A case. The opposition is trying to corner and kill me to show in entire Patna that they have demolished one family. If any one wants to help, please. God will favor you and your family.


 3 Replies

ADVOCATE TRILOK (CRIMINAL family PROPERTY )     24 September 2015

You have sushed to HIGH COURT  on wrong advice.


Even after compromise the case in lower court stays..


You should conduct the case in lower court and can come out easily.


Wrongly adviced by UR lawyer if I am not wrong.When compromise is reached between the plaintiff and the respondent why should U be adviced to go for a quash in HC.The matter could have been amicably settled in the lower court itself.Now U stand in the no man's land all alone.Going for a quash of a criminal case/complaint in HC is only 20% success.90% of the victims in 498A and DV are being misled by the people around,that's why we find 100's of aggrieved/dejected/frustrated 498A victims as members in this forum.I presume UR entire conduct of the case was not done in a systematic way.

Sunil   24 September 2015

Thanks for reply. Could I still pursue the case at lower court in Patna? Will the rejection at HC affect the lower court proceedings? Please advise.

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