498a quash suggestion. should i go for a quash?
Fight Back
(Querist) 15 January 2013
This query is : Resolved
I have a query regarding my 498a case which is in Bangalore. I would like to have your valuable insight on the below:
Case Details:
1. Charge sheet filed against Me, my Father and my Mother.
2. In FIR my wife has clearly stated that there is "NO DOWRY" in our community SSK Pattegar (Savji) which is a well know fact and that no dowry was given and all expenses were shared.
3. However, she alleges that my family (specifically my Mother) demanded for some petty dowry like RADO watch and silver utensils after marriage. And further she accuses that my family members demanded for a residential site to her parents through one of my relatives and not directly at a wedding function of some friend.
4. No specific allegations on my Father.
5. All other allegations are pretty silly like not providing dry fruits, me asking her toc. wear tight clothes, I'm mentall ill and take some tablets regularly, I beat her up etc
The entire FIR is in Kannada language.
My query is that can I file for a quash in the High Court for at least my parents? Both are 60+ years old as I do not want them to suffer the trial which is yet to start even though the FIR was filed in Sept 2011.
Please advice.
Thank You,
Arvind
P.S.
Background:
I got married in Nov 2009, my wife conceived in April 2010, she filed a police complaint on August 2010 stating that I used to beat her, I took her back home, Jan 2011 she delivered a baby girl from my home, 30th Jan she went for post natal care, after that never came back and her parents and she used to harass me and my family by filing false complaints whenever I try to meet her or see the kid - (her parents have a criminal background were acquitted in Oct 2009 of dowry death and are financers and to certain extent influential). In May 2011 I file a police complaint regarding this and in also file a divorce in Sept 2011 and just a few days after my filing of divorce she filed a 498a against Me, my Father, my Mother and my younger sister. In charge sheet my younger sister's name was dropped. She also has filed a DV case and an interim maintenance has been awarded which I have been paying regularly.
Status of each case:
498a - Charges yet to be framed in court.
DV - Cross examination and Evidence from my end pending - judge transferred and hearing are adjourned to next date.
Divorce - Mediation failed and her lawyer yet to file objections.
Raj Kumar Makkad
(Expert) 15 January 2013
Your parents should go to high court and should get the FIR quashed and should also get the stay order against the trial pending before lower court.
Fight Back
(Querist) 15 January 2013
Thank for the quick reply sir. How long can I expect the proceedings to go on for?
If I get a stay order, does it mean that the 498a trial will stop or will it continue on my name?
Raj Kumar Makkad
(Expert) 15 January 2013
Time cannot be anticipated and stay means proceeding of trial cannot run simultaneously with the pendancy of writ before high court.
Fight Back
(Querist) 15 January 2013
Thank you for the reply Sir.
My main objective is to get the 498a quashed, but in worst case scenario if after running the case in the High Court for say 2-3 years and then if nothing happens then the 498a trial will begin from the beginning and even this can take its own time?
Is it not possible that I just apply for quash with only my parents as the petitioners? And the normal trial goes on?
Or is it possible for me just apply for quash and not the stay? Which one is better and possible consequences?
Please advice.
Raj Kumar Makkad
(Expert) 16 January 2013
It shall be good to file quashing and stay on the part of your parents and you face trial.
Devajyoti Barman
(Expert) 16 January 2013
yes you should bear this mind that if the quashing does not happen the trial would be delayed a lot.
Fight Back
(Querist) 16 January 2013
Thank you very much Raj sir.
