Quash 498a
swagath
(Querist) 30 January 2012
This query is : Resolved
I would like go for quash of my FIR of 498A and on what grounds,
if anybody have any sample petition pls send me One
drswagath@gmail.com
kindly let me know on what legal grounds it is possible
i have documentary evidences which say that the fir and charge sheet and it documents are false and concocted
Devajyoti Barman
(Expert) 30 January 2012
There is no ready-made grounds for quashing.
It depends though very rarely on the merits of the case.
Do engage a lawyer and brief your case to know the merit of your quashing petition.
We have no idea about facts situation of your case.
B.B.R.Goud.
(Expert) 30 January 2012
u need to elucidate the issue.
swagath
(Querist) 30 January 2012
My marriage Alliance was settled in our house during the month of February. At that , only groom’s parents, brother sister –ib-law were present. They had told us not to gather anybody else. At that Time, it was decided to gift at Rupees six lakhs in cash, 450 grams of Gold, silver articles and one Alto car. Engagement was performed on 08.03.2009 at southern star. Marriage was solemnized at shubhodaya Marriage hall on 29.05.2009. prior to Marriage on 26.05.2009, 400 Grams of gold, 1 ¾ KGs silver were gifted. Since my father under financial crisis, he could give cash of Rs. 6 Lakhs and Alto car. From day one of the Marriage, they told us not to bring our relatives from our village for get- together function on Sunday since 50grams of gold, cash of Rs .6 Lakhs and car was not gifted. They directed me not talk with our relatives. In view of my future life , I bowed to their directions and acted accordingly.
Thereafter, all of them started scolding that, they were unfortunate to get such an impoverished alliance. If any of our relatives would come to visit me, they used to scold me in their presence, as to why did they comes here. Thereafter, they restricted me to go to any relatives house even from calling them over phone and further they obtained phone list to check on calls made by me in their absence. On arrival of my parents to enquire about my welfare and invite me to festivals , my husband, my in-laws, and my brother-in-laws, and my brother-in-law would never speak to my parents. They told that, they would never speak until they are given gold, cash, and car. Considering this, my parents paid them cash of Rs . 6,00,00/- (Rupees six lakhs ) about 10 days prior to varamahalakshmi festival. Few days thereafter, learning that, my father was about sell land, my husband stated that, cash of Rupees six lakhs was adjusted to was dowry and demanded for get car and gold and threatened to divorce on my failure to get the same and drove me away to my parental house. Since I was pregnant, I stayed in my parental house. Since I have period of one month. None of them my marital house came down to see me and I could not make telephonic calls from my parental house. I used to make telephone calls from public call office. Listening to my mother-in-law, my husband never picked up the phone on seeing PCO phone number. One fine day, I had called up my husband. Then he picked the phone and told me that, he would send divorce papers if I fail to get car and gold disconnected the call stating me to stay in parental house. Scared by the same, I informed the matter to my father, my uncle, brother, uncle took me to my husband,s house. Then, my husband father-in-law, mother-in-law, brother-in-law pushed me out stating as to why have you come here and came down to assault my Father. My mother –in-law’s sister and her husband had come there and all of them arrived at a settlement and agreed upon to get car and gold before 31st March. Thereafter, my father handed over cash of Rs 3,00,000-00 (Rupees tree lakhs ) on 8th January. Then, my husband started quarelling that march 31st is fast approaching and despite gold is not yet gifted and even without considering that, I was pregnant , he kicked on my abdomen and pain developed in my stomach. Then, my parents took me to the hospital. On onother day, they charged with me false allegation of stealing money and stated that, I have given it to my father and hence, my husband and in-laws cut my hands and never took me to the hospital and also never let me to inform the same to my parents. Few days later, they sent me to my parental house two days prior to ugadi festival demanding me to get gold and cash of Rs 15,00,000/- ( Rupees fifteen lakhs ) If my father was to sell the lands. On the day prior to the festival day, my parents brought gold from SRS jewelers. Then I called up my husband and in-laws and invited them to the festival, they never turned up even after assuring to come. Then, I called up about 3.30, I was told that, they would not come to our house. My parents went to my husband’s house stating that, they would bring them by gifting gold. They abused them and drove them out of the house stating that, we do no require your daughter and further that, they would never come down to see the child thereafter, we went to K.R.puram police station to lodge tha complaint, Informing the factor, we returned home again when my father’s friends told they could negotiate the matter. They never came for negotiation gathering. I learnt that, my husband was in search of bride through website to get married afresh and with a shock, I went along with my parents, brothers and sisters to my in-laws house on 09.03.2010 at about 8:15 am in the morning, my father-in-law, mother-in-law brother-in-la and my husband and my younger father-in-law, krishnegowda his wife jayashri suddenly came out of the house and abused my relatives in filthy language and came to assault us in long sharp weapon, my father and our relatives sustained injuries as they tried to guard through their hands. They have harassed me mentally and physically. Hence , I request your kind authority to initiate legal action against the aforesaid and do justice to me.
Received on on 19/03/10 at 12 noon and registered case in crime No. 63/10 of the station under sections 143, 148, 324, 323, 506, 498(A) r/w 149 IPC and 3& 4 of Dp Act
M/s. Y-not legal services
(Expert) 30 January 2012
yes.. am agree with barman sir..
without knowing the facts we cant give any solution to you..
am advising you to engage a lawyer for file quash before high court..
-tom-
swagath
(Querist) 30 January 2012
this is the FIR translated kindly tell me is there any specific allegation like date time etc with respect to Harassment.
this was filed after i filed MC petition 1 day before and they came with some gunda and attacked my family and i have lodged a case and 498a is filed as a counter case
Devajyoti Barman
(Expert) 31 January 2012
Prima facie it disclose case u/s 498A IPC. I still insist you should have gone for anticipatory bail first.
Raj Kumar Makkad
(Expert) 31 January 2012
In the light of given facts, I do not seem it a proper case for quashing of FIR rather you should face trial before lower court.
Shonee Kapoor
(Expert) 31 January 2012
Rightly advised by Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 31 January 2012
First you file an application in the lower court to discharge, if it is rejected then approach the high court if you have got good grounds. Only on the basis of the FIR and chargesheet are false you cannot get discharge.
V R SHROFF
(Expert) 31 January 2012
If manage Police, you can get regular bail also.
otherwise Anticipatory Bail is the only Soln.
Advocate M.Bhadra
(Expert) 31 January 2012
You can try for quashing but merit of quashing Petition in High Court are rare cases, failing which which you can apply anticipatory bail and face the trial by proper defend.
