Ipc 498(a)

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
i and my aged mom aged 79 was charged under IPC 498(a) on 3 rd June 2010 .We were granted bail on condition that i have to report mentioned police station for two months .i reoprted to police station for 2 weeks and in mean while i got visa and went abroad Trail on criminal court is on ,my aged mom attened court and due to her age she was granted some time permision for attendence in court
on June 2011 divorce on xpartie was filed by girl party and on September 2011 divorce was granted
The case on Judicial criminal court for IPC 498 is on october 30th Girl has agreed to come court for squashing case
As ia m abroad will my case on this IPC 498 will also squash as i am unable to coem now as i have to sell my property for a job and now it is only 1 year i got a scurity job here in Dubai

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Devajyoti Barman (Expert) 27 October 2011
If you do not remain present, the trial court can not acquit you on the basis of testimony of your wife.

Even the high court in the case of consensual quashing insists for presence of both the parties.

M.Sheik Mohammed Ali (Expert) 27 October 2011
yes, i do agree expert query reply

Querist : Anonymous (Querist) 27 October 2011
so till my return to INDIA this case will be on?

Devajyoti Barman (Expert) 27 October 2011
Yes definitely.

Querist : Anonymous (Querist) 27 October 2011
but my aged mom can be set free is it not

Querist : Anonymous (Querist) 27 October 2011
As divorce is granted and she is in a state of another marriage will this case on IPC 498(a) will exist even if she comes to court and say that she has no problem The matter is already settled outside the court be advocates and by elders we paid the said amount ,still the IPC 498(a) on me and mom will contiue

Devajyoti Barman (Expert) 27 October 2011
Query already replied.

Sankaranarayanan (Expert) 27 October 2011
yes i agreed with mr barman's opinion.

prabhakar singh (Expert) 27 October 2011
Act as advised by Mr. Devajyoti Barman

Arun Kumar Bhagat (Expert) 27 October 2011
You want to get case disposed without your presence ? is it ?

Ans: 498a is non-compoundable so the trial has to be completed. Let the evidence of your wife be over and other witnesses' too if the prosecution tenders.Next stage would be for 313 Cr.P.C but from this date you shall have to remain present. Alternatively You may move High Court directly on the ground of compromise and for quashing where your presence may not be insisted.

Sailesh Kumar Shah (Expert) 27 October 2011
I would like to say same as Shri Prabhakar Singh.

ajay sethi (Expert) 27 October 2011
agree with mr bhagat

Shonee Kapoor (Expert) 27 October 2011
Which High Court?

Delhi HC has dispensed presence of the accused in quashing petition.

Whereas P&H HC has insisted on the presence of the accused.

So it may depend more upon the HC practise.

Regards,

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

Raj Kumar Makkad (Expert) 27 October 2011
You come and face trial and if your ex.wife makes a statement of hostile, you shall be released accordingly.

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