Writ of Prohibition is not used in India unfortunatly . Use it. Move the High Court for issuing a writ of Prohibition and get an interim Stay order. Let the Stay order languish till the pendency of the writ. That'll tire the wife/husband who will seek an amicable out of court settlement but a settlement with an authorized marriage counselor is advisable. A good advocate will make out the grounds. Quashing of 498a is tedious and uncertain. Try my trick[used in other countries], and I feel you may not regret it. The older a woman gets the less the chances of her remarriage with an eligible man. A one year stay will kill her.

Wives in india knows it very well that after divorce, remarriage is very hard, so they take such step of 498A, only to harass thier husbands, coz they also know that 498a will go for 7-8 years or even more, so writ of prohibtion etc. will not effect them. Anyhow good suggestion. Good luck.

True. I'm 32 and a guy less than 18 wants to marry me[American of Course]. However stopping of harasment by wife would destroy her predatory instincts and she'll go bonkers.Am I right?

Dear Nina,

I dont want to oppose you coz we both are lawyers and want to help the people over there but i think you dont know the basic nature of Indian women.

"Beauty dont know the age and postion of a girl" and "beast dont know what is age and position"

So the girl who is beautiful she will file 498 and also enjoy her life with other person also but you will never be able to prove it.

and who is not so beautiful she very well knows that she will never get married again so she has to put his all efforts to harass his existing husband so that he may come back to him.

So in both situtaiton she will never be fedup.

Even if u want to give your example then plz dont mind, even now if a child of 18 years is before you then why not the other girls can get such chances who are beautiful and why they get harassed and go to brokers?

Is it very simple. So think broadely. The author want to get rid of 498 and we are providing him the legal solution. Though you are rigth in harassing but that is applicable in Divorce cases where girl wants divorce but not in 498A cases.

From the last approximate Ten years i faces many Matrimonial cases but i never came into contact with any single girl who is fedup due to 498 or any other reason except if she filed divorce and wants to remarry then she did not want any other case execept to approach his husband for mutual divorce without any condition.

Dear Kamal,

Why would a beautiful girl waste her time filing silly cases? What about Katju Judgment on live ins[Marvin case actuall dates back to prehistory]. Even ugly women get a shot in life viz. they can find ugly suitors.

I quote a very amusing quotation by John Kerr.

"Beauty is skin deap, thats good enough. What do you want? Adorable pancreas"

thankyou everyone ..ur advice is much valuable..  wud surely apply them and see if thy work in these cases in times to come. 

Respected Groverji, I want to have some queries from your side . I will be thankful if u help me out. . My daughter  was deserted by her NRI husband with a planned manner . He was going to purchase a flat in foreign land and wanted 20 lakh from our side but v r not able to provide. his father wanted to marry him with his friend's daughter with a huge dowery and girl's father was also agree as he wanted to send his daughter to foreign land. So all (alongwith  hi two sisters and jiju) planned a game and rather arriving at boy's house he took her to his sisters house and after many days he came to our  house and left her with a demand of 20 lakh. dropping my daughter at my home all his family vanished to his sister's house. v waited a lot ,his father's friend tried to reach them but there was a lock on her housee. After some time v received divorce papers filed from his another sister's residence. He forced us to file the case under 498a/406/377/497/506/120B. He ran away to foreign and till now not reached India to settle the case. They all wanted to harrash our daughter. His passport impounded but by fabricating the facts and taking advice on 498a forum people like hardik etc who r in the same boat ,he got citizenship of the country. His BCN is also issued. Po declared, charge sheet filed. Now he is trying to quash the FIR  in High Court for his sisters and jijus. his mother is mentally retarded and has no role in this game and we had not included her name in any case. they want to harrash my daughter but v want to punish them for their game as they played with an innocent girl's life.She is still in a trauma. They all tried to send the marriage articles somewhere else but caught by the police in time and then they returned the items to us. His sister is using my dauther's AC in her house. Now we want that the FIR should not be quashed. Please guide.

Regards.

Nadeemji , pl reply for my query . Read carefully as it is different topic and from the girl side:;Nadeemji . Pl. reply for my query as it is quite different b cos it is from girl's side

Sir, my Father in law, sister in laws and brother in laws who are fully involved to ruin my life with my husband are trying a quash the  fir in high court. My mother in law is already mentally retarded due to physical abuse by my father in law. I did not involve her in any case as she is also just like me. They all wanted to marry my husband with a girl of my FIL's friend for a huge dowry. My husband is NRI and wants to call her in Foreign to marry that girl to which he is having extra affair which i came to know after marriage. This girl is kept away from FIR in column no. 2. If  his relatives quashed what would be happen? My husband is not coming to India. He is harassing me here and not attending any dates. Divorce filed by him is rejected by the court due to non-presence of him. He wanted to buy a flat in foreign and for this he demanded Rs. 20 lakh from my parents. As they were not able to satisfy him so he deserted me in India at my parents residence  and ran away to foreign and from there he is playing a game with my life. Please guide me. He is throwing money to all police, judiciary and trying to quash for his father and sisters and other. Always he keeps himself on different 498a forums taking guidance for every further step. He is an illegal migrant in a foreign country as his passport is impounded but with the help of some self made advocates sailing in the same boat of  498a in foreign helping him and he got citizenship fraudently there. Extradition and Provisional Arrest required by CBI(Interpol) is also sent by the state police.Please guide me..as all ruined my life. Sisters and brother in laws of my husband want to take custody of my in laws house as my husband is in foreign n will never return and my mother in law is mentally retarded. In my case Accused are trying to present themselves very innocent.

Very Regards

HELP NEEDED IN QUASHING 498A 

My wife is decade old to me and we had luv marriage she use to work with me. 

She is risiding in delhi since birth at different address with education /marriage/job everything in delhi.

She left my house and filled a complaint which was investiated and closed stating the reason malified by I.O. the complaint was filed in U.P. as her brother  after our marriage they made a small 1 bhk house there for investment. however they are residing in delhi. and own a house. 

she move district court u.p. and the court sent the case to CAW who after 5 sittings & looking at the evidence the CAW placed her investigation report where she did not found anything true and citited the complaint as malified. 

after that court ignoring the CAW report and initial complaint report. gave orders to FIR. I surrendered and court sent me to jail. i am on bail. 

Chargesheet was submitted for which i have appealed for quashing H.C. put a stay and asked for counter from state. 

THe counter did not containted the statements of my mother in law and brother in law which were originally submiited in the chargesheet and also the malified/self made testimonies the i.o. has taken of my neighbours in delhi were not mentioned. 

MY PROOFS:

I have video footage/Govt employee HRD letter/Phone records showing that we never came to u.P. as per the alleged incident mentioned in the FIR.  vs the i.o. has submitted  the testimonies of alleged neighbours of my wife. 

I also have my company letters/Phone records/ stating that i also never came to u.p. as per the alleged incident.

As per her alleged incident she has stated we use to demand for a car and cash however in the counter they have accepted she use to drive my own car to her office everyday. 

My wife women cell version states they she left with her all belongings from my home vs she has stated she was thrown out of our home.  proof ( phone records/ my  2complaint to police station delhi that she has left my home was 2 weeks prior of her false date mentioned in the fir of u.p

the case was filled after 3 months in u.p. of the alleged incident in delhi & showing a new incident in u.p.

My married sister was also metioned in the incident wher we went to u.p/ for harrassing my wife. 

The I.o. stated we denied helping in investigtion  vs i have proof he did nto gve me a call neither visited my home during the date he has mentioned in the chargesheet for any investigtion. vs i surrendered in court and the i.o. also threatened me in jail for diar consequences. 

ALSO MY MARRIED SISTER WITH 3 TENDER KIDS OF 2 TO 8 WAS ROPED IN . IN the fir her address has been shown to be my home however she stayes somewhere else for last 10 years of her mariage.

My wife and her lawyers demanded 5 lacs to take her complaint back. & they made a malified and a case in u.p. just to harrass. please help.

I have a issue 6 years old been left with me whome i luv more than my life.

MY question is ?

Weather the proof submitted in the HIgh court for quashing is good enough?

wheather i should go for a written argument with the rejoinder?

I have lost my grandfather 

My father met with heartattack knowing i was in jail 

reqeust for scincere help!

How to quash 498a??

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Here are some of the valid grounds.

Vague allegation-498a quashed

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

False allegations against relatives

Mukesh Rani V. State of Haryana, 2002 MLR 175=2002 (2) Cr.CC 123= 2002 (1) RCR (Cr) 163= 2002 (1) CC Cases (HC) 48 (Pb. & Har.)      

In the instant case respondent No.2 is the husband of respondent No.3 and respondent No.3 is the sister of husband of the complainant. In the FIR, it has not been specifically mentioned what dowry articles were entrusted to respondents 2 and 3 at the time of the marriage. If no article has been entrusted to respondents 2 and 3, then no case under section 406 is made out. It is also not the case of the complainant that respondents2 and 3 are residing with the husband of the complainant. The respondents have placed on record the documents showing that they are employed as teachers and are living separately in village Bamble from the complainant and her husband Satyadev. Even on the date when the alleged occurrence took place respondents were present in their school i.e. on 07.01.1994.

If on the face of the compliant it shows that complaint is false, charge should not be framed. In the instant case, there is evidence that respondent No.3 who is the sister of the husband of the complainant was living separate with her husband-respondent No.2 in a different village and were employed as teacher, the learned trial court has rightly discharged respondents 2 and 3.

For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned courts below. Hence this petition is dismissed.

Quashing of false FIR against relatives is much easier

Delay in chargesheet/condonation

Delay in filing chargesheet by police is also a good ground followed by wife conduct in condoning the cruelty thru conduct.

By.

Adv Nitish Banka

Advocate Supreme Court

lexspeak.in

nitish@lexspeak.in