Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Learning

 2 Replies

Rocky   01 August 2016

Dear members I would like to know about quashing of 498a. The time required or probable expenses. In my case i got bail 8 other members of my family are also accused they all got bail. All the cases r false and fabricated. 498a lady was not residing on the matrimonial house the time mentioned in the fir. In one of the cases one police report stating the same. We have other proff also. So will it be beneficial for us to go for quashing. How long it will take. My lawyer saying wont required as we have enough evidence so trail won't take more then 2yrs to complete. And quashing take more time it will go longer then this and unnecessary expenditure. Pls guide me i m in dilemma. It may be irrelevant but still saying 498a lady also filed 125,dv,hma24. Charge sheet filed few cases drop like 307,494,406 etc. They also filed 144, 107 before both dropped in the first date in the lower court.

Ambycabin   01 August 2016

Hi Rocky, Not sure about the other IPC mentioned but as per the guidelines of the Supreme Court,HC can make use of its inherent power to quash 498 if the allegations are very general (like a standard syntax used by lawyers) and prima facie" dont disclose any offence specifically "to any accussed whose name is mentioned. Quashing is question of how much money you want to spend in legal battle. In my case, My lawyer advised me to go for quashing! If you have your name on the chargesheet already, Chances are less as High Court normally dont interfere with the trial court proceedings.hence you can contest the case on its merit and evidences. Good Luck. NOTE: I am not a lawyer. Sharing my experience here,Pls seek expert advise before taking any step!

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register