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stay on false 498 proceedings: wrong jurisdiction & proofs


Experts,

I reside in Mumbai , False 498a/DV filed in Uttar Pradesh. FIR mentions place of crime as Mumbai. Chargesheet filed last year .Bails recieved last year for everyone in family 

Presently we are getting dates and we are appearing in UP and signing the court attendence and the case is dragging on.

 

I want to know how can i get a stay on proceedings of  false 498A case proceedings in U.P , considering i have valid proves that wife and her family said lied to force jurisdiction in UttarPradesh and the FIR specifically mentions place of crime as Mumbai ?

I heard that HIgh Court can issue Stay orders in proceedings of lower court  ? Please suggest an effective

solution.

 

Awaiting your reply .

 

 
Reply   
 
solve problems in criminal cases. lawproblems@gmail.com

Stay is again cancer and if granted will be for limited period.

 

You can come of any marriage related cases by properly fighting in lower court. Please show copy of complaint and we will show you proper steps how to come out of it.

 
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NA

Stay can be granted til further orders if requested and if the judge is good. Else, you might get a stay anywhere from 2 to 8 weeks at a streatch and your adv will have to keep extending it...which is not a big deal.

But in order to apply for stay, you will have to go for quash. You can also file for discharge in the trial court itself.

 

 
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Advocate

It is better to file a quash petition before high court along with an application to stay the proceedings in the lower court at least till the disposal of this quash petition, that is the only alternative or else contest the case with the evidences in your possession.

 
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SENIOR ADVUCATE. skjadvt@gmail.com

Now a days in all HIGH COURTS in the country all QUASH cases in marriage related matters are dismissed at admission stage only.

 

And in such situation the accused have to cut sorry figure before lower court.

 

So find out and take proper steps before lower court which are many and come out of such cases very easily.

 
Reply   
 
NA

Social Activist: Half knowledge is worse than no knowledge! I am not sure where you got your info that HC is not accepting quash cases, but it is completely false and misleading.

 

Quash is being accepted and is accepted on case by case basis. So if the allegations in the FIR or chargesheet are weak or if there is an inherent probability that the accused are highly unlikely to be convicted, HC will and continue to accept quash cases.

 

So my serious suggestion to you, please don't give out wrong info!

 
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SENIOR ADVUCATE. skjadvt@gmail.com

This site it self is full of cases where quash is dismissed.

However if you have better knowledge please give specific case laws.

 
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NA

And you are choosing to conveniently  ignore the 1000's of other quash that were successful? Common sense states that once people achieve quash, they have no reason to post anything on this site and hence you will never hear about a successful quash case from them.

I have 15 friends all with quash cases currently running in AP HC. I also know plenty of others who had their cases quashed successfully. 

Prudence dictates that never to comment on something that you are unsure about. Best to leave it open ended so the person asking the question and then decide based on expert advice. The person  asked about stay, undisputed answer is to approach for 482 (Quash)...thats the only way to get a stay.

 
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SENIOR ADVUCATE. skjadvt@gmail.com

Please give case details instead of preaching.

 

Are you aware that High court QUASH is not cheap so as to splurge money for possible few days stay which may or may not be granted. And the problem is for UP where rarely any quash is granted.

 
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NA

Wow dude.....did you read the question? 

 

why would you imagine the guy asking the question is poor? UP or any other HC might or might not grant a quash but in most cases, it is admitted and stays are given. It all depends on how effective the lawyer is and the judge is. 

 

My advise is anyone with cases, do your research and get a good lawyer! A good lawyer is the key winnning 

Filing of quash and the arguments are costing me Rs: 20,000. Peanuts compared to the the amount of time and money I would be spending on if all the accused having to run around courts!

 
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