Quashing of 498a,406,34 case by district court
Anant
(Querist) 04 April 2020
This query is : Resolved
Hi,
I had a matrimonial case upon me at Dwarka District Court since 2014. I had settlement and divorce with wife in 2015. Since then I appeared in the court multiple times at district court. The other party never appeared in the court after settlement and divorce. For the last few dates in 1 year, I also stopped to appear in the court as I couldn't travel because of my parents health reasons.
The last hearing date was on 2nd March 2020. When I checked online, I found that the status as "Case Disposed" and the nature of disposal given as "Uncontested--QUASHED".
I would like to know if District Court has authority to quash this kind of case because I had heard that only high court has authority to quash?
P. Venu
(Expert) 04 April 2020
Had you sought the opinion of the advocate whom you had engaged?
Any how, why should you bothered since it has been quashed. It is for the prosecution and de-facto complaint to take further action at their discretion.
Rajendra K Goyal
(Expert) 04 April 2020
Contact your lawyer and obtain a copy of the order.
Dr J C Vashista
(Expert) 06 April 2020
What is the opinion and advise of your lawyer, who is well versed with the facts of the case ?
Dr J C Vashista
(Expert) 06 April 2020
If you feel, may contact me (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi - 110075 cell # 9891152939 email: majjagdish@yahooo.com
T. Kalaiselvan, Advocate
(Expert) 06 April 2020
You are right that the district courts do not have powers to quash the charge sheet or FIR for the cases filed under section 498a etc.
You may not rely or trust the ecourts information.
They may sometimes be false information.
Since you are an accused in the said case, you know that you have not applied for quashing the case before high court.
Hence there is no possibility for quash.
Thus I believe that this may be an error by the court staff who updated the information in the website.
You may better contact your advocate and get the first hand information on this instead of groping in dark seeking opinions in different legal online websites
