498a query
pujols20
(Querist) 16 March 2014
This query is : Resolved
Wife filed DVC( Domestic violence case) 2 years back on Husband + In Laws. DV case is disposed and the order says it is dismissed against the parents of husband (Respondents 2 and 3.
She filed 498A case in 2014( after 2 years of filing DVC), on R1, R2, R3. Current stage is FIR is registered. R1 has taken bail recently. For R2 and R3( Parents of R1) - can the names of R2 and R3 be removed from 498A case ? what is the best way/time for removing R2 and R3 names ? Since R2 and R3 names were removed in DV case, can that be used for removing them ? What is the right time and process to initiate their names removal, is it needed to wait until charge sheet is done or can it be done prior ?
Few differences are there in 498A complaint and DV complaint. These are filed in AP.
Please suggest.
Thanks !
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
What about the bail for A2 and A3 in the 498a case?, have they been enlarged on bail or not?, first get them out on bail and file for quash petition for all the three before the high court, because the present case has been registered on false allegations that too after a gap of very long period with some ulterior motive behind. The best option is to move a petition before high court for quash of FIR.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 March 2014
Dear Author,
I want to know the facts in DV Case and Facts in FIR. Besides that I want to know more facts with regard to ur parents before giving any suggestion. Feel free to contact me.
Devajyoti Barman
(Expert) 16 March 2014
Removal of names firstly depends upon the police while submitting charge sheet.
Thereafter by filing discharge petition then can apply for same.
Outcome of DV case has no bearing on this case.
Rajendra K Goyal
(Expert) 17 March 2014
Taking bail is the first step. Later move for quashing of of the charge-sheet. Agree with the experts.
ajay sethi
(Expert) 17 March 2014
DV and 498A are 2 distinct cases . merely because DV case is dismissed against parents does not mean that no 49*A is maintainable .apply for AB . wait for charge sheet . then file for quashing based on legal advice
Biswanath Roy
(Expert) 17 March 2014
Sec. 498A IPC is applicable for harassment and cruelty to wife by the husband and his family members. IF THE CORPUS OF THE SAME COMPLAINT appears in DV Case in that event persons freed from the charges can be taken up as direct EVIDENCE to prove innocence of the accused from the charges under sec.498A IPC and can pray for acquittal of those alleged accused persons from the proceedings. Once they would be freed from the allegations the main accused can pray to quash the proceeding on the ground that the CASE IS BASED UPON A WRONG AND DEFECTIVE FIR. ,Hence liable to be set aside. If it is unsuccessful then the accused may proceed to High Court to quash the proceeding.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 March 2014
There are hundreds if not more on this site alone since inception where parties report rejection or dismissal of QUASH by higher courts.
DV and 498 A are entirely separate planes.While DV is private summons case and 498A is Govt FIR based case.
Delay in filing later case will go to your benefit. Find faults in circumstances and contents of complaint and there will be large no of opportunities to come out of the case at trial court level itself.
Biswanath Roy
(Expert) 17 March 2014
@ ADVOCATE DEFENSE,
I AM SORRY TO POINT OUT THAT YOU DEVIATED FROM THE QUERY OF THE QUERIST AND DEALT WITH THE QUERY IN A CAVALIER MANNER WHICH DOES NOT THROW ANY MEANINGFUL REPLY TO THE REDRESS AS ASKED FOR.
Queries of the Author are bifurcated into two questions namely,-
1. .....can the names of R 2 and R3 be removed from 498A case?
2. Since the names of R2 and R3 were removed from the DV case, can that be used from removing them? But your opinion is silent over these two questions.
ABDUL RAZIQUE
(Expert) 18 March 2014
No word for more expression.
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
The experts above have been discussing about all possibilities and suggestions based on their experiences but the author seems to abstain from the discussion by not even replying to few clarifications raised by expert so that he can get a proper suggestion/opinion in his case, too bad.
