Discharge from 498a on consideration of charges stage
Never Give Up
(Querist) 13 April 2012
This query is : Resolved
Hello Experts,
498A Charge sheet has been filed ..and there are following allegations
Instigation, Not talking to bitter half, Not taking bitter half out,Slapping bitter half multiple times. No mention of demand of dowry or any other valuable in entire charge sheet.
Against me(husband) there is allegation of slapping her multiple times.
Against most of my family members there is allegation of "Instigation" , can it happen that my family members get discharge from 498A during "Consideration of charges" stage ? To add, charge sheet does not have any proofs , there are mere statements.
Please let me know your opinions.
Thanks.
A1(498A)
SAINATH DEVALLA
(Expert) 13 April 2012
Dear Never Give Up,
Many times you have mentioned bitter for better.Both the words make a lot of difference technically.
Chargesheet is a formal document of accusation. It is distinct from the First Information Report (FIR) (which is the core document that describes a crime that has been committed), usually refers to one or more FIRs, and charges an individual or organization for (some or all of) the crimes specified in those FIR(s). [1][unreliable source] [2] [3]
Once the chargesheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against him to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.
Chargesheet need not contain any documentry or physical proofs,te proofs will be submitted to the court subsequently.
Never Give Up
(Querist) 13 April 2012
There was a summary document which is created from charge sheet. It does have information like how many witnesses's statement have been recorded, how much money recovered and many other things. I am sorry i dont know legal name of this document.
From this document i came to know that other than statements there is nothing mentioned.
SAINATH DEVALLA
(Expert) 13 April 2012
A summary document is a brief description of the contents of the charge sheet.
Devajyoti Barman
(Expert) 13 April 2012
Without going through the charge sheet, it is diffcult to advise on the merit of the case.
Since the lower courts are loath to discharge the accused persons, you can try your luck in the high court buy attempting to quash the charge u/s 482 crpc.
PARTHA P BORBORA
(Expert) 13 April 2012
if thete is no allegation of demanding dowry the court may still frame charge under Section 323 ipc Or 324 r/w 34 IPC AGAINST U and your family members, remainder that.
Shonee Kapoor
(Expert) 13 April 2012
If the cruelty is not linked with dowry demand, then better go for quashing/ discharge.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 13 April 2012
to constitute an offence under section 498 A it is necessary that the victim must be subjected to physical or mental hrresment demanding dawry by the husband or and his inlaws. In your case there is no demand of dowry. But there is the allegations of physical torture which is crime too and punishable under section 323 IPC. The court has the power to discharge u nd your family members from 498 A IPC BUT in the same time the court has the power to frame charge under section 323 IPC as slapping is enough to constitute an offence under section 323 IPC. THERE IS NO BAR. IN MY OPINION THERE IS enough POSSIBILITY THAT court will charge u under section 323 IPC.
PARTHA P BORBORA
(Expert) 13 April 2012
slapping is an offence punishable under section 323 IPC. YOU may be discharged from 498 A but the court has the power and reasons to frame charge under section 323 IPC.
