Quashing of case filed under 498 a by my ex wife
Shams Goolrez
(Querist) 08 December 2014
This query is : Resolved
My ex wife, after my family members got anticipatory bail by learned Session Judge u/s 437(5) of Cr. Pc, alleged that we have assaulted her on three occasions for withdrawing the case. But, she didn't press this petition and filed a petition before learned Session Judge u/s 439(2) of Cr. Pc for cancellation of our bail. She cited the reason for filing of this petition that the court concerned has directed her to move before Session Judge from where we have been granted Anticipatory bail. Contrary to her contention, the Order Sheet clearly mentions that this petition has not been either pressed or moved. After coming to the knowledge of the filing of case before learned Session Judge we filed rejoinder. After 4-5 dates she left pursuing this case. When she remained absent on five dates neither she nor her advocate appeared. Resultantly, the learned Session Judge dismissed this petition saying that the Petitioner is not interested in this case. On the other hand, she is pursuing the case of 498 A before the court concerned. The places she has mentioned in the bail cancellation petition as occurrence that falls in Bihar state. One thing is interesting that we have proceeded towards Jharkhand state just before one day from the date of first occurrence day by train through reservation ticket. We have sourced the details of journey through an RTI representation. We are native of Bihar but, ordinarily residing in Jharkhand before filing of Complaint case (498 A). The distance from her is 550 kms.
In addition to filing of Quash petition / Discharge petition whether we can file any criminal case against her in Jharkhand.
Thanking you in advance !
Devajyoti Barman
(Expert) 08 December 2014
No criminal case lies n her unless she commits any offence which does not appear to be so from your query.
Rajendra K Goyal
(Expert) 08 December 2014
You should proceed in the cases against you on merits. Do not file any criminal case, happening of offense not apparent.
ajay sethi
(Expert) 08 December 2014
contest 498A case on merits dont file any criminal case against wife
malipeddi jaggarao
(Expert) 09 December 2014
Well advised by expert Shri Brman and others.
V R SHROFF
(Expert) 09 December 2014
don't worry 498A now as SC directed State Police, not to arrest accused w/o inquiry..
Biswanath Roy
(Expert) 09 December 2014
From the given facts in your query I DO NOT FIND ANY CRIMINAL OFFENSE COMMITTED BY YOUR WIFE THAT CAN CREATE JURISDICTION FOR FILING CRIMINAL CASE AGAINST HER IN THE JHARKHAND CRIMINAL COURT.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
After challenging the cases against you successfully, you may while sighing a relief, think about taking revenge on her in the way you may feel it convenient to you, for the present concentrate on the pending cases against you properly.
