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MinhajF498a (ABCD)     02 May 2012

Quashing 498a from patna high court

Hi All,

     I want to quash case IPC 498a in which my Brother, Father, Mother are accused. This 2 years old case smoothly going on in our favour ... All accused got permanent bail with going jail. We still maintaning that we are ready to take her back without any condition. Recently my brother remaried in January 2012 under Muslim Personal Law and still maintaining that we are ready to take her back. 

     But she maintaining in  court that "She is not ready to live with my brother and want divorce." But we are not ready to give her divorce untill case is not finalise. Judge also request for compromise and divorce but we refused.

     Now We are planning to file application for quashing this case on following point.

     1- She dont want live my brother as judge asked and she replied she also want divorce.

     2- Married is 10 years old and 498a dowry law is valid withing 7 years (As I heard)

     3- She said in FIR that we asked Rs.50000/- and a Motor Scycle demand not completed then we tried to

          burn her alive... any how she maintain to escap harm less reached West Bengal to Bihar immediatly. She also included harshment were done in West Bengal(Kolkata) but files case in Bihar(Madhubani District)

     4- She also file a case in Modarsha Qazi to solve family dispute in which they mentioned that we asked Rs.50000/- and asked Motor Scycle demand not fullfiled then We tried to Hang her alive with Fan any how she maintain to escape from West Bengal. We have copy of Complaint from Modarsha. Totally Opposit to FIR.

    5- When we got anticepetry bell they trie to cancel it as much as possible and submit false documents which documents which we proof in court false and baseless.

    6- Only her mother,father and close relatives came for witness only belongs to matrimonial house.

    7- In FIR ther wrongs dates and place of accusation is mentioned Kolkata which not comes in Bihar juridiction.

   

   I think from above we should try for quashing so I want your help and sugessation ... I want exprienced lawyer contact number or chating ID from Patna Hight court so that we can discusse more about the case if any thing left.

      

Thanks and waiting for your reply



Learning

 2 Replies


(Guest)

''2- Married is 10 years old and 498a dowry law is valid withing 7 years (As I heard)"

 

This is not true. The rigours of 498-A are not hampered by the longevity of marriage. It applies irrespective of how long the marriage is. The section that you are referring to is 304-B.

 

Quashing is done on the basis of the allegations in the FIR which differ from case to case. There is no straight jacket formula applied by the HC for quashing. The HC would quash the proceedings only if it is convinced that the proceedings are an abuse of the process of law. The perception of facts also differ from judge to judge. What might be an abuse of the process in the opinion of one judge may not be so with another judge. The facts mentioned by you are to be proved and disproved during the trial, which makes the matter triable by a competent court, and no quashing can be done on the basis of the facts furnished by you. If there are more facts, the above opinion could change.

As regards a lawyer, you can search for same on the LCI search portal.

 

Regards,

Ashish Davessar

Advocate

Anjuru Chandra Sekhar (Advocate )     02 May 2012

Binod Kumarji.  You are a Hindu.  How your brother married under Muslim Personal Law? Can you explain?


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