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Ashish Kumar (OS)     15 June 2010

Trial Under 498 A

Dear Sir/Madam,

My case is under 498 A.  F.I.R. was launched and the accusd were arressted and they  got the bail on the same day.  Investigation officer had already submitted the Charge sheet to the court.   Now the case is under proceddings at lower court.

Now both the parties has came to compramize through one of the NGO at district place and both the parties want to settled the case.  But all of us know that the 498 A is not compoundable in lower court.  How to make it compoundable in lower court and under which section.  Or how to haddle the case in lower court.  I seek your valuable assistant in the case as it is the first case for me under 498 A.

If the complainer disagrees with the compramize then how to haddle the case ( i know that the complaint launched is false.)  Kindly help me with your valuable sujesstions .....

 

regards

 

Ash_136



Learning

 4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 June 2010

If both parties ready there is no problem, your advocate will find way out. Even the concerned NGO will help.

Ravikant Soni (LAWYER IN JAIPUR)     15 June 2010

If both parties agree than you should go HIgh court u/s 482 Cr.P.C. No other way.

if complainant deposes in favor of accused than it become easier to save him in trial court. but in a legal profession practicing in favor of accused v should not compel complainant to depose in particular manor. If complainant disagree than procedure follows warrant trail case. you can contact me at +91 9414400250

sureeli sharma (advocate)     05 April 2011

Mr.Ashish

Although  section 498A I.P.Cis a non compoundable offence under Cr.P.C but  as it is a matrimonial offence it is kept under special/exceptional category  by various High courts as well as by the Supreme court of India and in many cases these courts have compounded such offences in the exercise of  their inherent powers u/s482 Cr.P.C.. You can refer to B.S.Joshi  Vs State Of Haryana(SC) ,2003,decided by Justice Y.K.Sabharwal.where it was held that section 320 Cr.P.C would not be a bar to compound even a noncompoundable offence where a matrimonial dispute can be genuinely settled.But it is to be done in exceptional cases and very cautiously.And other than this you can easily get several High Court judgements on the same subject in your favour.Thus your case can be compounded by citing the above judgements before the lower court.

And as far as your second query is concerned ,you must present the documentary proof of the compromise in order to streghthen your case so that later she can not refuse before the lower Court.

Regards

 

 

Rajesh Kumar (studient)     15 April 2011

Hello Sir,

FIL gang forged my mother's signature on a promissory note and filed private case in a civil court based on that court gave injection order based on the fake promissory note(how is it possible).
based on the injection order FIL gang people anounced in the town saying that "no one should buy the house".
The witness people all are their people only. There is no material evidance unless the forged promissory note.
they are telling they know me but i don't even know anyone of them. in their explanation they have mentioned that they asked my mother many times for the money which is false.
is there any possibility to ask for police enquiry about he Forged Promissory Note

actually my lawyer submitted explanation saying that there was a 498A background for this case.. it is forged promissory note... and filed a petition to send the pronote for expert verification..

judge asked the opposit lawyer to bring their witness for cross examining..
they did not attend to the court for 8 times(for 1 year)
finally my lawyer asked the judge to issue warrent for them

after all the witnesses attended and gave their statement saying that we don't know her and we can't recognize her now.

Statement:- "while we were going home after work they asked me to sign on the promissory note"
Fake Promissory Note Persion Statement: "my father and her husband were studied 10th class in same school. Now they both died"
(around there was no transport facility, in 1960 there was no 10th class. their village & my father villages and quite far 300 kms, no way to know each other )

There is a False Case or a loop hole in the Civil Law.
Let say some one forged your Signature on a Promissory Note and filed a private complaint saying
that you borrowed some money from him.
In the Private complaint they have given Written statement to the Judge that
1) You already known Person to them (never mention... then know you or not)
2) The Promissory Note was written at their house.
3) They asked you many Times(You have given Irresponsible Answers to them)
4) FIL gang didn't attend for 1 year to the Court

My Lawyer Asked the judge to send the Promissory Note for Forensic Verification.
they don't want to send for Forensic verification
For that they have explanation saying that Todays signature will be different from the date of Promissory Note signature and asking the judge to do justice infavour to them
all people know that FIL gang doing all these things just to harass my family


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