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498 a

(Querist) 22 October 2012 This query is : Resolved 
what is solution for 498A CASE closure if the petioner is not attending court for hearing.
Now its is in Evidence stage.case is of 2009 .
party got divorse in 2011 september.
Now the petioner and witness are not attending court for evidence and for further procidings.verytime is adjouring for last 5 months.
Let me know how to close this case as party has diverce in 2011 and married.party is bearing cost for tarvelling and accomadation of the case continues like this

Plz advice
Advocate M.Bhadra (Expert) 22 October 2012
File a Petition for Dismiss on Default in the Court with serve a copy to the Public Prosecutor.
Devajyoti Barman (Expert) 22 October 2012
The complainant shall have to be present to proceed the case further . If it fails to do so then ask the court to issue W/A against her.
Rajeev Kumar (Expert) 22 October 2012
Both the experts are right in their view but one more thing i would like to add the accused should move to HC for quashing the case u/s 482 of cr.pc. The most relevant ground in this case is that both the party of the case have been divorced and married. They are spending their life on their own wishes.


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