306 and 498a
Suresh
(Querist) 04 November 2013
This query is : Resolved
Respected Lawyers
I lost my beloved wife due to her profession stress (as a reason known to me for even which i have sufficient proofs). But I would have surely been a Monster in my previous birth for which suffering was due in this life. Hence my In-Laws (thanks to Sister Inlaw) that despite of having great relationships for the past 8 years left no stone unturned to shape my future. My brain was survived with a cloud of grief but rain of harassment, 306 and 498A by in-laws. Its been 1.25 years now.Thanks, atleast God was witnessing the truth throughout and I got AB. Police was too quite good at their duties and did not unnecessarily harassed me. CC also has been filed.As ususal complaint of 200 lines is false. I have all MATERIALISTIC EVIDENCE to counter all these 200 lines. The complainant till date has NOT EVEN a single Proof of what they have alleged but yes good list of witness statements (most of them do not even know if i stay in India or abroad).
Now my questions to the forum:
1) Is 306 sustainable when there is no complaint against me in past 8 years of marriage, no suicide note, nothing incriminating in PM report?
2) Is 498a sustainable basis statements though for past 1 year, no proof could be found against me?
3) Can charges be dropped prima facia no evedence in the 1st hearing on charges?
4) How i can get the case quashed on immidiate basis?
5) generally how much time and number of hearings it takes to get rid of a false case of this time?
V R SHROFF
(Expert) 04 November 2013
Once FIR lodged, and matter in sessions court, and someone complained, that your wife died due to your cruelty, that she could not bear and suicide herself.
And you are liable for her death.
Law presume it, and you need to defend yourself.
YOU WILL BE ACQUITTED AFTER TRIAL OF BOTH CASES.
Till then, u too have to be under stress, like your wife!! related!!
When you knew she is under profession stress, you should have helped her, asking her to leave her profession, before it became unbearable for her. Only u were knowing her condition, and you had proof too.
SO JUST DEFEND YOURSELF.
NO CHANCE FOR QUASH// LINE IS hot, DUE TO POLITICAL PRESSURE // CRIME AGAINST WOMEN//
LET TRIAL TAKE IT'S OWN TIME.
YOU RELAX, watch & Wait, doing your routine job.......y hury??
Rajendra K Goyal
(Expert) 04 November 2013
Well advised by the expert, agree with it.
