Ipc 498(a)

Querist : Anonymous (Querist) 08 December 2011 This query is : Resolved
Sir
Though i have4 posted a query earlier still i would like to know the details. i and my sisters were charged under IPC 498(a) in 2010 and were given anticipatory bail asking me only to report to PS for two months which i did for 2 weeks only and i left for US where in i am employed in a bakery for a small salary and case is on and on September 2011 the family court settled the divorce as exparties and case on me and sisters in JCM was on and on October 2011 my sisters case was over where in where my wife was been questioned in JCM to which there was no evidence got for doing 498 and sisters were left free. As i am in US and as there is no evidence to this case can i apply this over a quash or will it be there till i return back to India .IS it necessary that i should be present for quashing this .Even during my absence this can be quashed in HC .As i am paid less i find difficult to come now as i am employed only 1 year ago
please advise me .My parents are aged 83 and 79.

My lawyer insisted that i should be present for closing the case .As my mom and Dad are aged they could not bear this. As i stated that during trail of my sisters it was proved by my lawyer that there is no evidence of this doing 498(a) and as i was not present during trails (as i mentioned earlier in this forums) that case was forwarded to CJM for further advise on month last .till now we are not able to get clear picture what is happening.

Is there any special need to raise any new quash application as it was found that during trails my wife cannot produce any evidence and that she also got divorced in September 2011 as expartie and i hope it must have been recorded.Then why it cannot be resolved or closed the case or else is there any specail procedure to close OR is it that this case will be open till i return to India

Please advise

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Shonee Kapoor (Expert) 08 December 2011
It may be because the accused has jumped the condition of the bail.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 08 December 2011
The court most likely ask the parties in person about their reaching a compormise.
So if you remain absent the quashing may not happen.

prabhakar singh (Expert) 08 December 2011
Yes! rightly opined.

Raj Kumar Makkad (Expert) 09 December 2011
You are raising the query on 08 Nov and your case is listed on Sep 2011.........How it is possible dear?

Clear your facts first.

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