Regading 498a
Mukesh Kumar
(Querist) 03 December 2013
This query is : Resolved
Respected sir my next date is of charges of 498a. so i want to know that it is possible that the name of my father, mother and brother name can be removed. in real she does not have any proof against of me and my family members and please suggest me some others important information which i need to know.
my case is at dwarka court , delhi . plz suggest me a good and affordable advocate. who could discharge the name my father, mother and brother. plz help me urgently
thank you
Devajyoti Barman
(Expert) 03 December 2013
While framing charge name of accused persons are not deleted. Only sections of charges are fixed by court.
For removal of one's name you can go to high court in quashing.
Raj Kumar Makkad
(Expert) 03 December 2013
There is no guarantee of deletion of the names of the accused persons from the array of accused. Rather you can be suggested only the legal process for that purpose.
It shall be better to go for quashing of FIR on the part of your parents and sister before Delhi High court.
It shall be better to personally enquire about the fee being charged by a particular lawyer and your affordability of that fee.
Dr V. Nageswara Rao
(Expert) 04 December 2013
1. If the case is at the stage of filing chargesheet, the police can drop the names on the ground that the complaint against some persons is baseless.
2. If it is at the stage of framing of charges, he should be convinced that there is insufficient evidence.
3.At the trial stage, the remedy is what is suggested by the experts above---getting the FIR quashed by High Court, which will not be easy.
Rajendra K Goyal
(Expert) 04 December 2013
For affordable advocate you can visit Court premises and can make a search by inquiring from some person working there. You can go for quashing of the charges but success is not sure.
