498 a /406
Maninder
(Querist) 04 July 2012
This query is : Resolved
Good DAy
My wife filed 406/ 498 A after leaving me and my 1 year old daughter in 2010. I with my parents are on bail and I filed section 9 case and applied for quashing in high court from where we got stay.( Lower court did not chargesheeted us till date)
In 2011, after 1 year of leaving house my house , wife expired due to heart attack at her parental house
In high court, now in 2012,wife's father disclosed that applicant ( her daughter) is no more and he want to persue the case instead of her daughter
My request: Can his father persue the case and become party when applicant is not present / dead??
How will it effect us if he become party or if he do not become party
what should be our counter??
Dear experts , Kindly help as my parents are 75 yeears + and I am alone fighting this false case and taking care of my parents and daughter.
Many thanks for your help and advice
Adv.R.P.Chugh
(Expert) 04 July 2012
Dear Maninder,
498a/406 are criminal cases, they do not end or abate at the death of the informant or victim. State has to prosecute. However having said that, for all practical purposes since the victim is always the prime witness in such cases, without her testimony as it is the case would perish sooner or later. Since your 482 is already pending bring this to the court's notice. Make a contention see how it goes. Though I see a feeble chance if otherwise their case is strong - HC won't quash on this ground.
Good Luck !
Maninder
(Querist) 04 July 2012
Dear Sir,
In continuation to my request on 498 A / 406, Kindly note that there is not even a single proof of dowry demand or harrasment filed in challan except they produced 3 witness who are close relatives of the complainant. Except that witness statement, no documentary/ other evidence is there
For your info and advise plz
Devajyoti Barman
(Expert) 04 July 2012
The quashing does not depend upon the evidence but upon the prima facie case unless there was any patent error apparent on the face of it.
