Quashing of 498/A
Capt. Rajesh Kalra
(Querist) 24 February 2016
This query is : Resolved
Dear Sir,
My ex-wife filed FIR case in July 2007 against me, My Father and Mother, My
Sister and my younger Brother u/s 406, 323, 506, 498/A IPC and u/s 12 and
20 of the Protection of women fromDomestic violence act, 2005 and u/s 125
CrPC for the grant of maintenance at Faridabad, Haryana.
We married in year 1998, I was arrested in year 2007 under judicial custody
for about 5 days then was released on bail and my other 4 family members
also got bail in the process.
All the settlements for Alimony, Stridhan, Custody of Son etc was
compromised and settled under memo of settlement and divorce decree granted
by mutual consent on 05/06/2008. It was clearly mentioned in MoS that she
will co-operate in all respect for quashing of all cases in High Court.
Thereafter we moved and filed for quashing of criminal cases in high court
Chandigarh in Dec 2009, the case there was not quashed due to ex-wife did
not show presence in high court, in Dec 2010 HC issued notice and gave a
direction to exempt the accused person from personal appearance if an
application to that effect is filed by the counsel.
Thereafter petition was filed in Supreme Court for quashing but was
dismissed without any contentious remarks by SC in Nov 2012.
After SC dismissed, it was missed out by my Counsel due to his negligence
and lack of knowledge on my part to file an appeal for discharge from the
case in Faridabad court as per the directives by HC.
In year 2014 chargesheet was filed in trial court, Faridabad, which I got
to know now in Feb 2016 when I received summons issued by Faridabad court
for all 5 persons and hearing is in Mar 2016.
I got married again in year 2008 and blessed with a Daughter who is 6 years
old.
Request you to advice me that what is the procedure to get the case
quashed...
- Can I file appeal for discharge in the Faridabad court now, in spite of
the trial of case has started.
- Can I file again in High Court for quashing now or during the trial
period.
Santosh Goswami,Advocate
(Expert) 24 February 2016
Dear Captain
I think some lethargy were committed on your part? You could have put up an application in High Court for stay upon the proceeding in trial court. Anyway, trial court has to be apprised again regarding the proceedings that took place in High while going for a discharge. YOU NEED NOT TO APPROACH high Court right now. secondly, you can also lodge a criminal complaint against your ex-wife since MoU is a contract and that he has breached it. It may put pressure upon her to come forward. est I can assist after seeing the file.
9555462995, FARIDABAD
Capt. Rajesh Kalra
(Querist) 24 February 2016
Dear Sir,
Thanks for your valuable advice and definitely I agree that over reliance on Counsellor and lethargy did set in...now I can sum up as follows :
- We all 5 must show our presence on next hearing in Mar for which summons has been issued.
- We can file a criminal case of forgery for not complying with MoS in March during next hearing.
- We can also appeal for discharge at Faridabad in Mar during next hearing and thereafter we can proceed to HC for quashing...
Pls advice whether my understanding is correct or not ?
Brgds
Devajyoti Barman
(Expert) 27 February 2016
It is always advisable to proceed for discharge first and then quashing.
Forgery does not apply in the present circumstances.
Rajendra K Goyal
(Expert) 27 February 2016
Agreww qith the expert Devajyoti Barman.
Capt. Rajesh Kalra
(Querist) 28 February 2016
Thanks for your valuable advice.
It means I can file discharge appeal in this coming hearing in March of case trial.
