Ipc 498(a)
Prasad
(Querist) 28 October 2011
This query is : Resolved
run kumar bhaghat sahab remarks-98a 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.---
My question here is my wife wanted to have a divorce and that was done as expartie and now she is ready to come to JCM and to tell that she dont have any problems and all disputes are settled .So in this case can magistrate in JCM make me free even on my absence and aged mom who is sick and ofcourse mentally tortured
Devajyoti Barman
(Expert) 28 October 2011
You have again repeated the query when lot of replies has been given to you earlier.
The trial court has no power to acquit you in your absence.
The High Court most likely to insist on your presence as well if you go for consensual quashing.
Still quashing is only option left to you.
Arun Kumar Bhagat
(Expert) 28 October 2011
Magistrate will not pass judgement of acquittal merely on your ex-wife's statement. Trial must be completed till its logical end.
prabhakar singh
(Expert) 28 October 2011
I agree with opinion expressed by experts.
Advocate M.Bhadra
(Expert) 28 October 2011
Once a case has been registered and trial is going on, so trial court can not acquittal on the statement of your wife.Face the trial properly and ask your wife to file an Affidavit in this regard when evidence would be taken place.
Shonee Kapoor
(Expert) 28 October 2011
I think it is the query related to complainant turning hostile during witness.
Who are the other witness? If everyone turns hostile, the case can be dismissed with you all acquitted.
Your infirm mother can get exemption from personal appearance on all dates except the date of judgement.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
