482 quash , what to do ?
Guest
(Querist) 01 April 2013
This query is : Resolved
Dear Sir,
While most of the expert of LCI advising not to go for
quashing, my lawyer is advising me to go for quashing.
Grounds are
1)Child custody case is running , after that 498a/406/34 was file.
He would convince High court , that it is a revenge case
2)As i am IT professional , and only earring member , long run case
will effect my profession
3)No specific allegation was made, physical and mental harassment was
told in change sheet
Now , my lawyer is telling there is 99% chance of get quashed, if anyway fail, he
would get speedy trial order in quash and finish the trial writhing 6-7 month(surely)
My parents are old ,i am only member of decision making , i do not know law,
i then ask help repeated time from LCI.
Is it possible either quash on the above ground on close the case 6-7 month
in the above ground ? we have got charge sheet last month
what would be better change lawyer or go with him.
Devajyoti Barman
(Expert) 01 April 2013
The grounds your lawyer mentioned, I regret to inform you, are not at all grounds of quashing.
The petition would be thrown back if you file quashing petition on these grounds.
Quashing is allowed is rare cases where there is apparent improbability or impossibility in the allegations leveled against the person.
Guest
(Querist) 01 April 2013
dear sir , for this ground , will i get speedy trial order ?, if i get , will it be over withing 6-7 months
Devajyoti Barman
(Expert) 01 April 2013
If your case is not admitted then where is the question of order of speedy trial.
The grounds you mentioned are not fit to even get the case admitted in the high court.
Guest
(Querist) 01 April 2013
then is there any way to get the case dispose fast ?.
It is effecting my career .
ajay sethi
(Expert) 01 April 2013
dont file for quashing as already advised by experts . fight 498A case on merits
Raj Kumar Makkad
(Expert) 01 April 2013
The solid grounds for quashing are absent in the given query so better to contest it.
