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satty (XYZ)     08 May 2012

Quashing the 498a

Hi

Complaint was done against me in 2003, after that with series of event I got divorce and in civil district court lady gave statement of accepting money in one shot for maintenance till next marriage and also for withdrawing false dowry case, which she accepted to be done in mis-understanding. 

After that we filed the case for quashing the 498a case, but judge told to bring the girl in the court inspite of we showing the evidence of girls statement in civil court. 

After that we applied in HC for which we got stay order in 2004 feb. I got married and that lady also got married, I am having kids and heard of her also have kids.

Now after 8 years, our lawyer has informed for hearing in HC for this. 

I dont what to expect, what I can do for quashing. Can this case be dismissed by HC on grounds of long duration or I can expect something unusual unacceptable to happen.

Any guidance will be appreciable.

Sajjan



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

Why were you sleeping?

 

Now go to HC and say, you want the case quashed on merits.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Ruchika Anand (HR)     18 May 2012

what ia quashing of any case???

is it some sought of a legal notice in order to take stay on case or to dismiss it completely.

Please throw some light on this


(Guest)

@Ruchika

Quashing is done by the HC when prima facie i.e on the face of allegations, no charge is made up, and the proceedings are an abuse of the process of court.

Ruchika Anand (HR)     24 May 2012

Thanks..

but is quashing is done before the chartsheet is prepared???

Is it that police does not find anything while investigating???

And if chartsheet says that the alegations are found then can quashing been done???

please advice

Anjuru Chandra Sekhar (Advocate )     25 May 2012

@Ruchika anand.  Quashing of FIR is possible if primafacie no case is made out.  Quashing of chargesheet is also possible if the evidence adduced after investigation does not hint at possibility of offense, but even then the court proceeded to frame charges and proceed with Trial.

Anjuru Chandra Sekhar (Advocate )     25 May 2012

Quashing is done using inherent powers of HC under Sec.482 Cr.PC.


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