Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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HOMO SAPIENS (HELPING)     25 January 2016

Quashing and speedy trial for 498a

Respected Members,

My wife has filed 498a, 406, DP 3/4 , 34 against me and my very old and sick parents on 13.05.2015 via 156(3). Initially police was not filling chargesheet because I have got AB from HC and I haven't paid a single penny to the police . But after I filed RTI police has filed Chargesheet on 31.12.2015. Next date 04.05.2016. I'll file for quashing of chargesheet and speedy trial for myself and my parents at HC as party in person. Please tell me whether I have to wait for 04.05.2016 at trial court or I can simply go to high court in between that period.



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     25 January 2016

 

The next date 04.05.2016 is fixed for charging the accused by the court, seek that all or most of the accused can get discharged on that date otherwise the trail will start from next date after this one when the Police will start recording the statement of prosecution witnesses followed by your evidence where you record your statement u/s 313 Cr.P.C, followed by argument and order by the trail court, all this process may take many months may be 1 1./2 to 2 years for final order in the matter.

Quashing by High Court is possible provided if the wife side agrees for the same or if you have sufficient strong evidence that absolutely false complaint under the provisions have been made against you, usually the High Court doesn't interfere in the trail process unless both parties agree to settle the matrimonial dispute amicably.

Rajkiran123 (Manager)     25 January 2016

I am advising you based on my experience. Do not go for discharge or quash if there are specific allegations in the FIR/chargesheet as it is waste of time. These FIR's contents are usually drafted by lawyers so they will ensure, these are written in such a way that they are not discharged/quashed so easily. Quash/discharge will not happen based on evidences you have but it is purely on legal grounds. Evidences will be considered only during trial. Please be aware that discharge/quash petition will put hold on the main case so it will delay the matter in case you wish to finish off the case faster. I would suggest goahead with trial and let the other party roam around the court. Request for shorter dates through your lawyer.Take exemption of appearence for your parents until start of trial. If the other party try any delay tactics, you may apply speedy trial in HC showing their tricks to delay the matter.Atleast,this will not hold you main case. All the best and be strong..

Aneesh Trivedi (Advocate)     25 January 2016

sir it might be possible that if found dischargeble it will get discharge mean time accused can collect the evidence as in my case fir filed on 25 aug 2009 charge sheet on 10 oct 09 charges framed on june 13 i applied for discharge immediately but charges framed in that time i sent application to various officer and SHO got punished now she is not appearing for her evidence nearly seven times she called even warrant also issuied to her.

secondly if the case is false then wife side witness forgot the main story as case is delayed and try not to appear unless mandatory ,

also to go for discharge is the step by step process for quashing also if have enough proof......

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

If you have decided to go for quash you may do it immediately instead of waiting for the date of hearing. File a petition now itself before high court under section 482. cr.p.c for uashing the charge sheet.


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