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Anjan Kumar Pal   23 June 2017

What if the opposite party has evidence that 498A is false

I am a victim of false 498A and have clear evidence that of false 498A . However the court proceedings is going on since April'2015. What I have to do now ? Can I move to High Court now, or wait for judgement from lower court ?


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 30 Replies

Sudhir Kumar, Advocate (Advocate)     24 June 2017

facts not clearly stated.

Ms.Usha Kapoor (CEO)     24 June 2017

File for speedy  trialof case as it is your constitutional right.Iff this doesn't workout by moving an IA. If  your pleading is not considered file a criminal mscellaneous Appeal /Revision against IA of  Trial court in Highcourt   for   speedy disposal of your case under section 482 Cr.P.C.It may remand the case to lower court  for early/speedy  disposal of your  case.Trial court should follow Highcourt orders and dispose of your case speedily.If you've strong evidence that you and family members  didn't commit cruelty under 498 A  and the case is false  and fabricated court may quash 498 A proceedings or dismiss prosecution case..

 

1 Like

Raja_498a Victim (Manager)     24 June 2017

Judges don't care whether 498a is true or false.

 

In general trial runs and gets 498s dismised and nothing happens.

takes 4 to 5 yrs in general.

 

Sachin (N.A)     24 June 2017

Originally posted by : Anjan Kumar Pal
I am a victim of false 498A and have clear evidence that of false 498A . However the court proceedings is going on since April'2015. What I have to do now ? Can I move to High Court now, or wait for judgement from lower court ?

 

You can file for quashing u/s 482 CrPC in HC


(Guest)

You will go to jail, if filed 498a.   These days quash case will be dismissed.


(Guest)
Originally posted by : Sachin



Originally posted by : Anjan Kumar Pal



I am a victim of false 498A and have clear evidence that of false 498A . However the court proceedings is going on since April'2015. What I have to do now ? Can I move to High Court now, or wait for judgement from lower court ?





 

You can file for quashing u/s 482 CrPC in HC

You are giving wrong advice.


(Guest)
Originally posted by : Sachin



Originally posted by : Anjan Kumar Pal



I am a victim of false 498A and have clear evidence that of false 498A . However the court proceedings is going on since April'2015. What I have to do now ? Can I move to High Court now, or wait for judgement from lower court ?





 

You can file for quashing u/s 482 CrPC in HC

Are you a 330?

Ms.Usha Kapoor (CEO)     24 June 2017

If you  appreciate my above answer please click the like button on my profile.

Anjan Kumar Pal   15 July 2017

I have already consulted with High Court advocate. He suggested I am already late to move to high court. Judge will question why I didn't move earlier.  Rather he advised to go on with lower court and wait for judgement, if not satisfied then come to them.

Anjan Kumar Pal   15 July 2017

My son was copelled to sign marriage registration  in 2013 under sma. All that happened beyond our knowledge, and under threat. The woman 1st married in 2003. In 2012 my son introduced with her through Facebook as an unmarried and even she signed in marriage form as unmarried. They never lived together before or after signing of marriage. In Apri'2015 when they arranged for ceremony my son diclsed the fact before me on 26/4/2015. Next day he filed annulment case. Getting the court letter she filed 3 false cases against us including 498a. I or my wife did not know anything even the woman was completely unknown. But she accused that I molested her on 26/4/2015 at 8:00PM and extorted money of RS. 1lac. At that time I was at my office my biometric attendance is the prove of the fact. I told the police everything.They ensured my that the alligation is evidently false and they will dimiss it. However some days after they arrested my son but court bailed next. In court order it has been mentioned that the case is false and a counter case. But the court proceedings is still going on. Later very recently we came to know that to woman get a divorce decree in 2013 on mutual ground from her previous husband. Now it is clear that it is a conspiracy to extorted money. My son is a victim. If not so why she is pleading for out of court settlement and mutual divorce. We want judgement so that no criminal can use the law as a tool for extrotion of money.

Please advice

Sudhir Kumar, Advocate (Advocate)     16 July 2017

My son was copelled to sign marriage registration in 2013 under sma. All that happened beyond our knowledge, and under threat.

 

YOU ARE HIDING FACTS.

 

HOW/WHY HE WAS COMPELLED  WAS HE THE LAST BACHELOR ON EARTH.  WHAT DID HE DO TO LEAD HIMSELF TO THIS SITUATION

Sudhir Kumar, Advocate (Advocate)     16 July 2017

The woman 1st married in 2003. In 2012 my son introduced with her through Facebook as an unmarried and even she signed in marriage form as unmarried.

 

HOW /WHEN HE KNEW SHE IS ALREADY MARRIED AND NOT DIVORCED/WIDOWED.

Sudhir Kumar, Advocate (Advocate)     16 July 2017

They never lived together before or after signing of marriage.

 

DOES NOT MATTER. SHE IS HIS WIFE TILL ANNULEMENT/DIVORCE TAKES PLACE.

Sudhir Kumar, Advocate (Advocate)     16 July 2017

In Apri'2015 when they arranged for ceremony

 

WHICH CEREMONY? MARRIAGE WAS ALREADY THERE.


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