Ipc 498(a)
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
My friend and mom was charge sheeted for IPC 498 a 2010 and was granted anticipatory bail where in where he was asked to report police station for 2 months .he reported and before the trail he went abroad as he is employed in bakery for job since 3 years Now in September 2011 divorce was granted and the wife came to criminal court in November 2011 and in that time she was questioned by my lawyer in court and at that time she said she had no complaints and in total to say that she had no allegations against my friend and mom mom aged 87 came to court ,and the sureties were charged as fine for not producing the case is now forwarded to First class JCM How this case will settle as the complaint has come personally and told that she have no complaints and and no evidence was Established .will this case be squashed and if what all ways.Please help me as aged MOM is suffering hardships .
M/s. Y-not legal services
(Expert) 28 November 2011
i understood that your friend/accused not in india. the mother only proceeding the case before court? am i right?
M/s. Y-not legal services
(Expert) 28 November 2011
its maen ther will be nbw waiting for your friend.,
and there is no complaint by the wife against your friend and his mother mean who is the complainant there?
i feel its fit case to quash before high court., so just ask your advocate to proceed quash proceedings..
but court will question about your friend's absence..
Sanjeev
(Expert) 28 November 2011
The CJM court dont have powers to Quash the case better you file a writ iu/s 482 in HC and get this case quashed from there
M/s. Y-not legal services
(Expert) 28 November 2011
mr.shah:Proceed as advised by Mr.Sanjeev.
mr.sanjeev: The CJM court dont have powers to Quash the case better you file a writ iu/s 482 in HC and get this case quashed from there.
my question: WHO STATED LIKE CJM HAVING POWER TO QUASH?
AND NICE FOLLOW UP MR.SHAH. KEEP IT UP..
Sanjeev
(Expert) 28 November 2011
@ tom tom- I said CJM dont have powers to Quash and everyone has his opinion that they are free to advise and you are not a authority or represent LCI. So stick to your advise and dont poke ur nose in others advises hope u understand Tom Tom
Shonee Kapoor
(Expert) 29 November 2011
The query seems to have been raised elsewhere too.
Unless the case is in AP, the parties would need to move to HC for quashing the said case. In AP the parties need to be present before compounding takes place.
Don't delay the matter, lest the complainant changes her mind.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 29 November 2011
yesterday itself i given reply to mr.sanjeev..
but its missing from here, how its possible?
dear sanjeev., usually if any one given good suggestion mean, we are agreeing with tha., in case if we get any doubt mean should be keep mum? tell me..
Sailesh Kumar Shah
(Expert) 02 December 2011
Mr.Tom
please read query again, you would found me correctly.
