Can the hc's stay order petition of dvc case be used for quashing 498a case?

false_case_victim (Querist) 21 April 2012 This query is : Resolved
Respected Lawyers,

Here is a very small case-history:

The respondents of a DVC case got a Interim stay order in HC. The petition is filed on the section 482 of Cr.P.C.
It is CRL.P.MP. No. XXXX IN Criminal Petition No. XXXX

If the Stay request petition in the DVC case is of criminal petition type, then

1)Is there any necessity for the respondents/Accused to file a seperate Quash petition for the 498a FIR?

or

2) Will this stay petition of DVC proceedings be applicable to 498a case also as the 498a complaint and DVC petition contents are more/less similar.

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Devajyoti Barman (Expert) 21 April 2012
Both are separate proceeding and merit of one does not fix fate of another nor the order pf stay passed in on case operate stay on the other.
Considering the merit of 498A case you should decide going for quashing it.

Shonee Kapoor (Expert) 21 April 2012
No they are seperate proceedings.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 21 April 2012
Stay provided against DV proceeding is not meant for the stay on 498A proceeding. A separate petition is required to be filed for that purpose before High Court.

false_case_victim (Querist) 22 April 2012
Devajyothi sir, Shonee jee, and Makkad sab,

Thanks a lot for your immediate responses.

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