yogesh (will tell you later) 27 March 2014

Quashing petition 498-a chargesheet whether this will works?

My sister in law filed the FIR gainst me stating in one line that I my family members have demanded car, flat from her and the state police has booked under 498-A/406/323/506 sections..I filed the quashing petition before the High Court which was dismissed ON GROUND that I have been living in the same matrimonial home and then I filed the Special leave petition which too upheld the same order...I now challenged the chargesheet before the H.C (I relied upon the geeta Merhotra case which was also not considered where the apex court has observed that where the active involvement of matter is not there, unmarried brother sisters could not be booked under 498-A and to face the protracted trial)..

Please let me know whether there is any scope for qusahing at High court??..why SCI has not considered the decisIon of his coordinate bench..Kindly give some expert advice to get rid of the same

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Q Slinger (NA) 27 March 2014

Every judge is different. Just because apex court says something doesn't mean our judges will follow it. I have personally experienced this where the PS filed an application to seize my father passport. The lawyer argued the following:

- Anticipatory bail order does not state to submit the passport

- Maneka Gandhi Vs Union of India and Suresh Nanda Vs CBI

- Accused has been comming to court since 1 year and hence no reason that he will abscond now.

- Why is the PS interested only in this passport and not other 498a cases.

- Out of all the 498a a cases in this court room, Why is the PP only interested in passport?

The judge agreed with all the points and yet gave an adverse judgement. This goes to show that judges are moody when it come to their judgements.

Which HC did you file your quash petition? Who was the judge?