304b & 498a
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
Dear Sir(s)
I am Sanjay Verma from Jehanabad Bihar. I got marriage in 27 January 1999. My wife died on 26th july 2008 due to illness in Govt. Hospital at jehanabad. My inlaws knows that very well but due to influence of some persons they lodge an FIR on me with wrong evidence for attaching 304B they file wrong affidevite that marriage date is dec.2001. I have three children older one was 8 yr. old and second one 6 yr. old that time. What i do now.
Thanx & Regards
M/s. Y-not legal services
(Expert) 01 December 2011
this is a fit case case for quash before high court., even if we know contention of the charges against you mean we can help you more.,
just appoint an advocate to defense your case..
V R SHROFF
(Expert) 01 December 2011
After death of wife, who complain 498a??,
marriage dt either 99 or 2001 is relevant?
age of children relevant?
can they explain delay??
What u have to do? Only defend ur self, and u can successfully do it,
as suggested by tom, go for quash, discharge of FIR, it will end harassment to u.
Devajyoti Barman
(Expert) 02 December 2011
First take bail and then go for other remedy including quashing.
Without knowing all the case records it is difficult to advise further course of action.
Raj Kumar Makkad
(Expert) 02 December 2011
Not only you can get the FIR quashed but also can file criminal cases of prejury, FIR against sections 420/467/468/471/120B IPC against all person involved in this illegal act of planting a false case as well as for creating false and fabricated evidence against you. There is no need to wait for your acquital in the aforesaid case rather you may start your action as of now so that other side may also feel deeply pressurized.
Shonee Kapoor
(Expert) 02 December 2011
first seek bail and then apply for quashing
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 02 December 2011
Section 304B presumes "death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage"
So, you have to prove that marriage date 27 jan,1999.
Rest agree with above experts.
prabhakar singh
(Expert) 02 December 2011
Seeking bail first,then going for quash would be prudent way to proceed.
