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ANEESH TRIVEDI (ADVOCATE) (Advocate)     07 March 2014

482 vs aquittal

A goodone and important question need answer as fast you can ....

Question: which is better quashing in 482 or aquittal by facing trial ?

                   { this is in reference to false 498A if husband get aquitted by facing trial then he will file suits and get damages more ?

                  or if he get quash by 482 then he can file for more damages, which strategy is more benefiical }

kindly give reply as fast as possible..



Learning

 4 Replies

Shantanu Wavhal (Worker)     07 March 2014

acquittal

ANEESH TRIVEDI (ADVOCATE) (Advocate)     08 March 2014

thanks to mr. amit.....

as i have great confusion in this wheather to go for trial or for 482 , as i am sure in both case i will succeed but 482 is itme consuming as first i apply for 239 discharge, then revision now again for 482 it taking very much time , and it irritating me, i m thinking that if i go for 482 then it menas the case filed by wife assumed to false by judiciary and i can claim more damges for filing false case but in one discussion i came to know that if i face the trial then i am able to prove full cruelty by wife and i had prove my innocence.

but if i go for quashing then it means i got full justice as case is falsely filed in 2009 and it get quash by my application and thus i got justice so i am not able to claim more on wife and case starts on 2009 and ends in 2009.

but if i face trail it means i undergone full cruelty i  porved my innocence against false case so i am entitled to file more damages... since 2009 to till aquittal date..

yours openion ... to guide on the same ....to me and others..

ANEESH TRIVEDI (ADVOCATE) (Advocate)     08 March 2014

thanks to mr. amit.....

as i have great confusion in this wheather to go for trial or for 482 , as i am sure in both case i will succeed but 482 is itme consuming as first i apply for 239 discharge, then revision now again for 482 it taking very much time , and it irritating me, i m thinking that if i go for 482 then it menas the case filed by wife assumed to false by judiciary and i can claim more damges for filing false case but in one discussion i came to know that if i face the trial then i am able to prove full cruelty by wife and i had prove my innocence.

but if i go for quashing then it means i got full justice as case is falsely filed in 2009 and it get quash by my application and thus i got justice so i am not able to claim more on wife and case starts on 2009 and ends in 2009.

but if i face trail it means i undergone full cruelty i  porved my innocence against false case so i am entitled to file more damages... since 2009 to till aquittal date..

yours openion ... to guide on the same ....to me and others..

ANEESH TRIVEDI (ADVOCATE) (Advocate)     14 March 2014

i read and discuss to many regarding 482 quashed Vs aquittal ,

but still some suggested me that 482 quashing is better but i come to conclusion that in 498A aquital after facing trial is  good

i suggest to those who are facing false 498A and DV case better to face trial and fight the case on merit..

in 498A and DV cases 482 quash is wastage of time and money


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