498a case hanging
Sam G
(Querist) 16 January 2015
This query is : Resolved
Hi, my wife filled a false 498a case against me and my brother in 2008. My brother and I spend 3 days in jail and we are out on bail since then. I have attended just one hearing after that and have not received any summons from the Court since 2008. What can I do to get the charge sheet that police filed. Do I have any chance to get the case quashed in HC? I am currently fighting a divorce case against my wife for past 6-7 years with no results. Can some one please advice on my options regarding the 498 a case?
Thanks
Devajyoti Barman
(Expert) 16 January 2015
Yjre quashing is rarely allowed and that too depends on merit of the case. Without seeing the charge sheet I can not comment on merit of the quashing case.
You can apply in high court for expediting the divorce case.
Rajendra K Goyal
(Expert) 16 January 2015
Apply for certified copy of the charge sheet to the court. Defend the case on merits as quashing rarely allowed.
ajay sethi
(Expert) 16 January 2015
you must attend court to find out latest case status of 498A case filed by your wife . apply for certified copy of charge sheet . quashing is rarely allowed
Dr J C Vashista
(Expert) 16 January 2015
Contact your lawyer for charge-sheet, it is your right to receive a copy from prosecution through trial court-free of charge. The case is true or false is yet to be decided by the court after completion of evidence.
Very bleak chance for quashing of FIR.
The case of divorce is totally different to that of the FIR under the provision of section 498A IPC.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Both the cases are different and being conducted by different courts. As far as the 498a case is concerned, don't know why the case is dragged for such long years with out the trial being commenced (?) you may clarify the issue with your lawyer, however do not go for quash because it will be another case and will keep dragging on for years without any result. You may know the reason that what and where is the case getting delayed, concentrate on the case, be in touch with your advocate regularly so that you can have regular updates.
