Wife not appearing for statement in 498a case
Jitesh Babel
(Querist) 29 May 2019
This query is : Resolved
Hi,
My marriage took place in Jaipur in 2015. Im from Jaipur and my wife is from Bhopal.
After marriage we resided at Delhi for one month and then we relocated to my parents place in Jaipur (lost my job).
My wife left me for parents place multiple times and finally in June 16.
She put all cases on me and my parents in Feb - Mar 2017 including 498A, 125, DV etc after mediation talks failed. We got AB and then normal bail in 498A. She has already got interim maintenance order which I'm paying.
Now she appears on all 125 and DV hearings but does not give statement in 498A as I have solid evidences in my support and all her cases are fabricated. Almost 8-9 hearings have happened in 498A for Prosecution Evidence and she does not come to give her statement to move case forward. Her lawyer said she is not getting court notice for giving statement. Also as per my lawyer, the judge being woman she is not issuing warrant to give her statement in court.
Her lawyer told in front of Sec 125 judge that the notice is received by them so they are not coming for evidence.
My question is:
1) Can someone just file a false criminal case against you and then not come for statement also? What is the court role in that matter.
2) How notices can be served to my wife and other witnesses to give statement in court? What is the process?
3) Most Importantly - Should i go for quash in high court. Do hc give quash judgments easily or they give order for speedy trial.
Kindly help.
Thanks
Vijay Raj Mahajan
(Expert) 30 May 2019
It's the State criminal complaint case where neither you nor her own lawyer can force her to record the evidence as the State witness in the matter. The responsibility of the police or prosecution to bring her in the court for recording her statement, it they fail the order of the Judicial Magistrate should be taken by your defense lawyer for not allowing any further dates for recording their evidence, rather close their evidence and get your statement u/s 313 CrPC recorded, fix date for argument and order.
If your lawyer is not strong enough to say that in court what for you engaged him.
You better get senior, experienced lawyer for your case.
Order from higher court like Session or High Court for early completion of proceedings arise if your own lawyer is unable to convince the trial judge.
The quashing of the FIR and proceedings arising out of it will be entertained by High Court unless you both compromise and agree for the same, that's the usual practice of High Courts in these cases.
Vijay Raj Mahajan
(Expert) 30 May 2019
It's the State criminal complaint case where neither you nor her own lawyer can force her to record the evidence as the State witness in the matter. The responsibility of the police or prosecution to bring her in the court for recording her statement, it they fail the order of the Judicial Magistrate should be taken by your defense lawyer for not allowing any further dates for recording their evidence, rather close their evidence and get your statement u/s 313 CrPC recorded, fix date for argument and order.
If your lawyer is not strong enough to say that in court what for you engaged him.
You better get senior, experienced lawyer for your case.
Order from higher court like Session or High Court for early completion of proceedings arise if your own lawyer is unable to convince the trial judge.
The quashing of the FIR and proceedings arising out of it will be entertained by High Court unless you both compromise and agree for the same, that's the usual practice of High Courts in these cases.
Vijay Raj Mahajan
(Expert) 30 May 2019
It's the State criminal complaint case where neither you nor her own lawyer can force her to record the evidence as the State witness in the matter. The responsibility of the police or prosecution to bring her in the court for recording her statement, it they fail the order of the Judicial Magistrate should be taken by your defense lawyer for not allowing any further dates for recording their evidence, rather close their evidence and get your statement u/s 313 CrPC recorded, fix date for argument and order.
If your lawyer is not strong enough to say that in court what for you engaged him.
You better get senior, experienced lawyer for your case.
Order from higher court like Session or High Court for early completion of proceedings arise if your own lawyer is unable to convince the trial judge.
The quashing of the FIR and proceedings arising out of it will be entertained by High Court unless you both compromise and agree for the same, that's the usual practice of High Courts in these cases.
Guest
(Expert) 30 May 2019
In absence of the Petitioner atleast for three hearing It is inherent in Section 251 Code that when an accused appears before the Court pursuant to summons the Magistrate shall explain the substance of the Case accusation to the accused and if he pleads being Not Guilty the Court is bound to discharge the accused as per sec 239 of the code
Guest
(Expert) 30 May 2019
You need not worry about the statements of your wife.
Guest
(Expert) 30 May 2019
Her absence in Court it self is a Solid Ground for your acquittal
Guest
(Expert) 30 May 2019
Just confirm your presence in all the hearing
Guest
(Expert) 30 May 2019
You should not do any thing to bring your Wife to the Court and you would succeed in getting the acquittal
Guest
(Expert) 30 May 2019
Statements recorded by Police would not be a major issue in the case
Guest
(Expert) 30 May 2019
India.s Anti Dowry Laws are being Misused , often resulting in acquittal once the Courts have perused the matter -- Supreme Court had said.
Guest
(Expert) 30 May 2019
As on 17th Dec-2018 80% of Dowry cases in India had ended up in acquittal
Guest
(Expert) 30 May 2019
Refer the Orders pronounced on 4 th april 2017 in the High Court of Gujarat at ahmedabad in the matter of Kishor Bhai Vs State of Gujarat presided by Honorable Justice J.B Pardivala
Guest
(Expert) 30 May 2019
The Order clearly States that "The Magistrate is Empowered to dismiss the complaint and acquit the accused when the Complainant remains absent "
