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I love my parents (law)     17 March 2012

Quash/transfer of 498,406 and 506 - need urgent help pls.

Hi Dear All experts, I am victim of 498,406,506 and 125.In brief my self basically from Himachal Pradesh married with a girl belongs to Faridabad(Haryana).My BARAT means all marriage things happen at Bijnour (Uttar Pradesh) ,due to her maternal uncle native place at Bijnour(UP) .Now My self working at Haridwar due to my job.She filled above said case againt me and my mother in Faridabad (Haryana) Distt. Court on march 2011.Till now trial not started.Me and my mother has bailed out.But till we have not got chargesheet.My self filled Sec-9 case in Haridwar (Uttranchal) court on the same day,when she gone with her mother and brother.Because after marriage we lived in Haridwar. As usual she is not attending Sec-9 case,I have decree in my favour,along with this I have proof that she has received our summoned by using RTI to her local post office. Now my questions are :- • My self not any law expert Now i want file quash/transfer petition for my 498 case,because I have studied that “IN CASE OF ANY COGNIZABLE OFFENCE, IT IS MANDATORY FOR POLICE TO REGISTER THE COMPLAINT.IF THE CRIME DIDNOT OCCUR IN THE JURISDICTION OF THAT POLICE STATION, THEN THE CASE HAS TO BE TRANSFERRED TO COMPETENT JURISDICTION". • As per attach FIR.what is %age of conviction? • She has my call recording in which I have fired to her for his brother,that “THAT IT IS NOT GOOD FOR YOUR BROTHER,BECAUSE YOUR BROTHER HAS TAKEN YOU FROM MY HOME WITHOUT ANY INFORMATION TO ME.I WILL TAKE YOUR BROTHER SURELY”. Pls find attach Scan Copy of FIR.Requested pls provide give a light of your law experience ,because I need it very badly. Waiting for your positive response. Regards, XYZ


 2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     17 March 2012

Dear Querist,


You may choose one of two options: (1) fight out 498A and allied cases diligently at the place of its registration. You may take shelter of a recent judgment passed by SC in CRIMINAL APPEAL NO. 1512 OF 2010 titled Preeti Gupta & Anr. vs State of Jharkhand & Anr.


Secondly, if facts are correctly stated in the query, you may have sure chance of getting the case transferred to your place where you are working by filing TP in SC.


Trust this would suffice.


Rabin Majumder


Supreme Court of India

New Delhi

Dr J C Vashista (Advocate)     18 March 2012

Since the law, in general, is in favour of female it will be difficult to get the case transferred from Faridabad. You are to contest where chances of conviction are minimal

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