498a:No evidence by wife from 2 years
anandhiremathth
(Querist) 12 April 2015
This query is : Resolved
Hello everybody.
My query about subject matter is:
My friend's wife filed 498a on 8th mar 2013. Within ten days got bail for every body.Now from mar 2013 till now his wife not even completed her evidence. She is giving nice reason to drag the case.
What happens if he request high court to quash the case.
He has few supporting documents to prove 498a is false.
anandhiremathth
(Querist) 12 April 2015
Can he request in high court to quash 498a?
Dr J C Vashista
(Expert) 13 April 2015
What is the opinion, advise and strategy adopted by the lawyer of your friend?
Mohammed Mujeeb
(Expert) 13 April 2015
Ask your lawyer to move a petition under Section 482 Cr PC to quash the charge asap
anandhiremathth
(Querist) 13 April 2015
Hi gud evng all.
Thank you mohammed mujeeb sir for your valuable advice. And thank you to dr.vashista sir too for the reply.
Now, strategy is ...
1. He knows that this is false case so wife doesn't have any point to prove apart from cookedup story.
2.Police charge sheet says 6 person eye witness (4 are blood relation), remaining 2 person never come to court even once in this case.
3.He has solid proof to prove that she left husband with good planning.
4.She told her husband is very sober person in her first reply to legal notice, & even never raised single about dowry in it (Notice reply through learnt advocate).
5. Got regular bail within ten days.
6. Maintenance case was dismissed by JMFC, reason mentioned is: couldn't understood who is the sufferer.
Will these points are sufficient...???
To quash the case in high court???
anandhiremathth
(Querist) 13 April 2015
After 2 months next date is given (in last date, that is last week). Might be because of judge is transfer.
Is it a good time to approach high court...???
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
You can approach high court for quashing the pending case however, it is advisable to challenge the case in the trial court itself especially when the circumstances are in your favor. Alternately you can file a petition for speedy trial before the high court.
anandhiremathth
(Querist) 21 April 2015
Thank you Kalaiselvan sir.
Need few more opinions from experts..
Kindly advise.
