498a quashed wife and lawyer absent
harish
(Querist) 08 December 2014
This query is : Resolved
High court quashed FIR on the basis of evidence. But wife appeal in supreme court. I received notice for reply from SC
1. Is any law HC cannot quash without presence my wife or lawyer. That day advocate strike in Rajasthan. Both side lawyer absent. In my side I was present other side the ACP, TONK district was present. I did aurgement the ACP fail to prove single word of FIR. Supreme court can SLP accept this behalf. If any judgement/ruling law of SC, HC can quash 482 on evidence basis whatever the wife or lawyer absent on final hearing
The story
1. Wife study Jammu. Was working Rajasthan.
2. After 8 months marriage I went abroad. 1.10.11, she come from jammu 20.10.11
3. Wife got spinal tuberculosis in Feb, 12. I think she had TB before marriage but they hide fact. She accept on phon e.
4. Come india after she filled FIR 26.2.13.
5. My passport impound in bail sc give now stay in her favour.
What reply file in SC-
1. Passport release
2. Hc quashed FIR in absence of girl/lawyer absent
3. I had filled early hearing application, which responded not receive high court fix date 4.7.14 , 11.7.11, 13,14,15 July. They were not presented. In SC they tell HC never informed them for date, whatever her lawyer was present but due to strike on record absent.
4. I have all medical report.
5. They made 2 fake report she hadn't TB. I did beaten before to live india.
Suggest what I do send judgement of absent lawyer.
Devajyoti Barman
(Expert) 08 December 2014
I regret to inform that since the HC order was passed at a time when wife to engage her lawyer due to strike in bar association, the order of quashing is likely to be set aside by supreme court.
The court in quashing can not consider the evidentiary value or truthfulness of ana allegation as appeared on FIR. The order apparently looks like a bad order.
Rajendra K Goyal
(Expert) 08 December 2014
Judgements not provided in this section.
harish
(Querist) 13 December 2014
Quashed fact is.
1. Fir filled after 17 months
2. Girl was study B.ed at jummu during the period. March, 11 to 20 Oct,11.
3. Husband worked jaipur.
4. Husband went abroad 1 Oct,11.
5. Girl was come husband house 20 Oct.11
6. She went her father house 25.12.11
7. On 17.1.12 got chest T.B. infection which hide us.
8. Pott. Spinal T.B. Feb,12 march she come jaipur we take care her. She recover in June, 12 her father take back her.
She put FIR less dowry taunting every day from day first of marriage. I beat her before to go abroad, she got fracture on spinal due to kick her back.
The high court order is following-
1. The delay 17 months no explanations.
2. She and boy both was not present in Oct,11 in Sawai Madhopur.
3. No single date and time mentioned in FIR of any accident.
4. The medical report clearly shown she has spinal tuberculosis.
5. Her uncle threat recording to trap false cases.
6. Police has not any witness or medical report.
The story is fully cooked for huge amount settlement so we quashed it.
Pl see subdar babu vs tamilnadu 3 judge bench decision. Where after 6 months supreme court quashed.
