False 498a case
Arjun Mohite
(Querist) 18 November 2014
This query is : Resolved
Dear Sirs,
We are suffering from false 498A case filed by my wife against our family. She filed case after 3 years of separation by creating fake jurisdiction at her parent's place of residence where she is currently staying.
It is now 4 years case is running and the opposite side is harassing us by delaying the case and asking the court to force attendance of all the accused. The object of opposite party is to extort huge money from us which we are not able to pay.
You are requested to kindly suggest me the remedy as it is ruining our life.
ajay sethi
(Expert) 18 November 2014
you have to contest 498A case on merits . you can make application for exemption from personal appearance . refuse to bow down to black mail tactics
Devajyoti Barman
(Expert) 18 November 2014
Go to high court under criminal motion to obtain order upon lower court for speedy trial in time bound manner.
Rajendra K Goyal
(Expert) 18 November 2014
Contest the case on merit. Prey court for exemption of personal attendance of all.
Arjun Mohite
(Querist) 19 November 2014
Dear Sirs,
I am feeling better now by your advise.
Can't we go for quash in HC or discharge petition in lower court. The charge sheet is filed in 2010.
Kindly advise.
ajay sethi
(Expert) 19 November 2014
it is bettr you contest 498A case on merits before trial court . HC is generally reluctant to quash 498A cases . you can move Hc for speedy trial before trial court
