Girl absence in fir quash date in hc
Gaurav
(Querist) 18 March 2012
This query is : Resolved
Dear Sir,
Neither Wife nor her lawyer turned up in HC on the first date of Quash. HC judge passed that Summon(dasti) needs to be send to Girl to appear on next date.
What if she does not come on next date, will court send again an invitation to wife?
The case is in Chandigarh HC.
V R SHROFF
(Expert) 18 March 2012
What your HC Adv have to say??
When ur adv is available, why query
SAINATH DEVALLA
(Expert) 18 March 2012
Dear Mr Gaurav,
The mental approach will differ from judge to judge.For the same case you will have different conclusions from different judges.She has to respond to the summons of the judge.Atleast she has to be represented by her lawyer.The judge will not keep on sending invitations to her,but deside the case exparte or issue warrant to her to appear.Better discuss the matter with your learned advocate who is physically present with you.
Nadeem Qureshi
(Expert) 18 March 2012
YES, Gaurav
you advocate is right
Raj Kumar Makkad
(Expert) 18 March 2012
In that event, she may be proceeded as ex-parte.
Gaurav
(Querist) 18 March 2012
Thanks for all your answers. It really helps. I will make sure she receive the summon once it comes from HC.
Sanjeev
(Expert) 18 March 2012
what was the basis for filing Quash in HC had you entered in some compromise with your wife to get the case quashed and if yes do you have any settlement deed that was signed by her?
Shonee Kapoor
(Expert) 18 March 2012
It is important to note on what basis the quash petition was filed.
If it was filed after a compromise and the consideration is paid, then the matter would be quashed.
However, you would have to get the service effected for sure, otherwise the matter would keep on lingering.
I don't know why your lawyer didnot do it, quash petition should have been presented by both the parties and only state should have been made respondent. In that case, there was no need of the girl to be present at all.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kiran Kumar
(Expert) 18 March 2012
I think it must have been a compromise quashing.
if she has compromised the matter and now not appearing before the HC intentionally then HC may accept the quashing petition in her absence...it has been a general trend now.
your lawyer will find out the relevant judgments in this regard.
however, you must ensure that the process is served properly.
Gaurav
(Querist) 18 March 2012
The quash is filed on the ground of Adultery. She had history and continued the same post marriage and denied physical intimacy. I caught her red handed and discovered emails and phone calls records. Then to compromise she gave written confession of adultery on stamp paper duly signed by her parents.
We used this evidence to ask for Quash in High court now. My Parents and brother acted as petitioner in this Quash filing. The case is my brother vs state of Haryana.
Hope it clarify my facts better.
Sanjeev
(Expert) 18 March 2012
In that case there is not much scope of Quash as the cases are not quashed without trial,
Raj Kumar Makkad
(Expert) 18 March 2012
If the wife is indulged in adultery, her allegations under section 498A has no value in the eyes of law and quash order in such cases is bright.
Shonee Kapoor
(Expert) 23 March 2012
I differ with the experts about success of quash here.
The evidence is not taken in quash and she can always say that the said confession was taken under duress.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Gaurav
(Querist) 23 March 2012
Dear Shoneeji,
I have emails/chats and call details of her interaction pre/post marriage with her ex. I caught her red handed and only then she confessed in writing on Affidavit. Her parents also signed on this Affidavit. I have those as supporting documents to say that confession written by her is voluntary and done to save marriage at that time.
Our Quash content says:
She continued the relationship even after and then threatened the husband not to interfere by filing false 498a and later filed those to take revenge.
Sanjeev
(Expert) 23 March 2012
These sections 498A are about cruelty you inflicted on the lady and not about adultery. The adultery evidence might help in divorce case but not in criminal cases but since you already are on the Quash case try your luck.
Gaurav
(Querist) 29 March 2012
Dear Sanjeev,
Correct. I am trying my luck by showing her adultery evidence and saying this as reason for her filing false 498a case, and no cruelty inflicted on the lady. This will possibly give me the route to mediation or at least put hold on chargesheet submission or support dropping some of my family members names in Quash.
Regards
Gaurav
Gaurav
(Querist) 06 May 2012
I got stay from HC on 498a proceedings last week. Later IO tried to cross us by presenting challan in local court but judge told him 'no' once we shown stay order from HC. We got stay from HC mainly on the ground that wife continued the affair after marriage and she wrote a confession letter/affidavit also signed by her parents once i caught them red handed. She never appeared in HC dates.
In Next HC date, judge asked for argument and girl to be present. Lets see how it will shape in July 2012 date.
