Another victim of 498 a
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
Hello All,
Kindly help me with ur expert advise
I am a MBA btech, only son of working class 1 officer parents with no liability. Got married in nov 2007 and a baby girl born in 2008. Due to wife's adament nature , started living seperately from my parents on 1st floor of the same house with seperate kitchen. in feb 2010, wife ( who was a college lecturer) left me,daughter and home and filed 406/ 498 A and 34 case.( Though no dowry was ever taken or demanded) Complaint was that I demanded 5 lacs rs only and use to beat her since married. On the other hand they wrote in FIR that i use to taunt my wife that i am earning more then her and getting more then 1 lac / month
Me and my parents got arrested and are on bail. I still filed section 9 as for my only daughter.Also i got stay from high court on 498 A which is under quashing now.
In june 2011, i got news that my wife expired in her parents house and their parents told that death was due to heartattack whereas actually it was a suicide and i got reports from doctors that wife consumed pesticide.
Presently my case in with high court for quashing FIR and wife's father started persuing the case.
I waqnted to know from my kind fellow members what will be fate of case now as applicant is no more and even they dnt have any solid proof for dowry demand from us except some 3 witness who are their relatives and false.
Plz advise urgently
Many thanks
Sankaranarayanan
(Expert) 17 October 2011
i think it is repeated thread , for this we already answer it
Raj Kumar Makkad
(Expert) 17 October 2011
I have full sympathy with you and your teenager daughter who is in dire need of her mother but she cannot return.
Due to death of complainant, no benefit goes in favour of accused person means there is no change in the merits of already pending case, however, a lenient view of judges cannot be ruled out. If your quashing petition otherwise is proper, it shall be decided accordingly without having any impact of death of your wife.
Shonee Kapoor
(Expert) 17 October 2011
Death of complainant is not a ground of quashing or discharge. The other witnesses can still get the conviction done.
However, if the case was solely based on the testimony of the complainant alone, yes you can get discharge.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
