498a ipc
a k pandey
(Querist) 11 October 2012
This query is : Resolved
After 2-1/2 years of filing case under 498a IPC against her husband and his family, wife died due to Cardio Vascular Arrest in a Nurshing Home 300KMs away from her home and husbands residence in custody of her parents. Husband was requested to perform funeral rituals and he performed it. In a case of 125 CrPC, wife's parent submitted Death Certificate and case has been disposed. Now what steps should be taken by husband to get disposed, case of 498a IPC against husband and his family.
Adv.R.P.Chugh
(Expert) 11 October 2012
Just because the wife is dead the prosecution does not end, however if she is the star witness (that is oftenly the case) the husband and relatives may get acquited after a trial.
Rajeev Kumar
(Expert) 11 October 2012
Yes Bharat is right criminal case will end up after trial. The husband can submit autopsy report, death certificate from doctor, her treatment report, deposition of doctor etc and get acquitted.
a k pandey
(Querist) 12 October 2012
Sorry,
I missed to state that in the said case, till date no evidence has been got recorded by the wife or any of her family members or any witness due to their absenteeism on hearing dates.
a k pandey
(Querist) 13 October 2012
Please suggest if any precaution is to be taken.
Advocate Suneel Moudgil
(Expert) 14 October 2012
no, not any precautions, you can reveal the fact of death of wife (complainant) in 498A case and such cases fully depends upon evidence, you will surely acquit but it will take time. Mr. bharat chugh, very well define everything.
prabhakar singh
(Expert) 14 October 2012
It is death of accuse that terminates the trial and not the complainant (victim)since offence is treated against the state which is responsible for life and liberty of every citizen.
You should request her parents to appear in case and to produce the witnesses named in the case for quick disposal after trial.If they tern hostile in witness box,it would be
beneficial for you.
