498-A,Sec.3&4 Dowry Prohibition Act
nagaraj
(Querist) 20 December 2009
This query is : Resolved
A quash petition is preferred by the Husband before the High Court to quash thecharge sheet.offence committed by the Husband are U/s 498-A,506,34IPC &Sec.3 & 4 of Dowry ProhibitionAct.Husband and Wife are residing in U.S.after getting married in India in 2006.Unable to bear the harassment of Husband Wife sent a Specific power of Attorney to her father, who lodged a complaint against the Husband and his mother at Hyderabad.Based on the Complaint the matter was taken and a charge sheet is filed before the Magistrate by police.Husband and his mother were granted bail by High Court as the charge sheet is filed by the police before the lower court. Aggrieved, the Husband Preferred Crl.P before High Court for stay of all further proceedings including arrest. High court granted Interim stay of proceedings for 4 weeks. What is the best defence which the wife can take before the High Court to struck off the quash petition. Pl.advise.
Sukhija
(Expert) 20 December 2009
There is no specific defence suitable to all cases, it varies from case to case. The circumstances and allegations will be her defence to oppose ur stay order further.
Guest
(Expert) 20 December 2009
The first defence is that as the criminal case is at charge sheet level, the hon'ble high court cannot go into roving enquiry about the details of the case. If the charge sheet is prima facie showing that the commissions/omissions on the part of the accused, if proved, become offences as per the IPC and DP Act, at this stage, the interference of the hon'ble high court in the criminal proceedings, is not warranted and the petition filed by the husband is liable to be dismissed.
In addition to this, the plight of the wife in the foreign land harassed by the money minded husband has to be put in proper perspective before the hon'ble court. Then there is another angle that lack of proper legislation in India to protect the NRI housewives from matrimonial/domestic violence can be put forth.
Ajay Bansal
(Expert) 20 December 2009
Mr. Sukhija is correct.
pawan sharma
(Expert) 21 December 2009
i agree with mr Prabhakar.
VIJAYARAJ
(Expert) 22 December 2009
The wife can argue "Whether offences committed U/s 498-A,506,34 IPC & Sec.3 & 4 of Dowry Prohibition Act are matter of trail and the husband can verywell take his defence before the trial court and hence stay may be vacated"
