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PRASUN DAS (DY MANAGER)     15 November 2014

498a

RESPECTED MEMBERS,

Court has granted anticipatory bail u/s 498a,406 3/4 dp act , what is the next step for me.

Regards.



Learning

 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 November 2014

Great! Mr. Das.


The next step is appear in High Court and apply for quashing with speedy trial i.e. pray quashing first, if not granted then pray to make time frame of 6 months.


If you go with advocate than you will face a lot of trouble.

 

a) They will ask a lot of fees.

b) The case may be in backlog cause-list.

c) Bench is getting change so your case is on hold

d) Blah Blah! - -  - - much more.

 

There is high chance that you will spend a lot of money but did not get proper judgement with advocates.


I strongly recommend to appear in-person(Without Advocate) in High Court and apply for quashing with speedy trial U/S 401 CrPC read with 482 CrPC and 483 CrPC. Sample petitions and other clues is given bellow links. It takes hardly 3 hearings / 3 weeks with no money expenditure, less headache and more liberty.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

BHUWAN RAJ 09839268489 (lawyer)     16 November 2014

Dear 

Apply for quashing for entire proceedings against you if chargesheet has been submitted under section 482 Cr.P.C. in High Court in the way you want.

 

Regards

Bhuwan Raj, 

Advocate.

Cell: 09839268489.

PRASUN DAS (DY MANAGER)     16 November 2014

Thanks To Rocky & Bhuwan

please guide me can i file my request for quashing of 498 a under section 482  any high court in India.

 

Regards

Prasun Das

Gwalior

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 November 2014

Mr. Das,

 

I would link to remind you that only quashing may not work. Please file quashing with speedy trial since quashing is not easy. The chances are very high that you will not get quash. Then you have to pray for speedy trial immediately. 

 

You can not file in any HC.

You have file HC of that state where you 498A is going on.

Not Required (Manager)     06 December 2014

 

 

Dear Experts,

I had been reading posts on this website as i see myself in pipeline of all this mess. I give brief of my story:

I had been married since 1-Dec-2011. Have a 1yr 4mth old baby. since the time of marriage and till date we had issue with my wife and her family. they have always suppressed us in all the ways. girl never respected me or my family and same done by her parents. my parents were innocent and fallen for all their ways and kept convincing me that with time all will be well and that's why when i heard the news of my wife being pregnant in spite of me not willing i was guided to have a kid as it may solve the issues with my wife. however nothing solved among us.

Situation as on date:

My wife had been away from my home for past 4 months and living with her parents.

She has the kid with her

in spite of me asking her to come back she is unwilling

every time i try to make a communication or from my family some one does that they do not respond.

my wife just respond on emails to me and she has crossed the limits in cursing me (and some time me too when i respond)

i do not see anything better happening in this relationship in future.

my wife is also not willing to be with me

i want a divorce and my wife says she is ok to do it mutually without the mess of courts

but as i have read here later with lawyers advise she will put all the cases on me like 498A, DV etc etc...

fyi, i took no dowry, my marriage expenses were shared 50-50 among both parties, my wife took along with her all the gold that we gifted her (i have that in writing in email)....

pls guide me what could be my next steps...i want to do something about it, need right guidance how to go fwd...

in the blogs here i see many terms i do not understand...

i would appreciate if someone could guide me step by step...

i am ok to consult good layers, but as most ppl shared their experience it is difficult to find any ethical lawyers..do let me know if someone hired a good ethical lawyer..

i reside in chennai, my wife is in rourkela and marriage happened in bhopal

thx a ton in advance..

SA

AS   07 December 2014

Hi SA,

First having emails if good , but you need to think a bigger picture, In my case my wife has lots of emails communciation with me over email , But when it comes to Cross , she denied that this email id does not belong to her, I was lucky enough to proof the same because she has given a same email ID in Her bank records and i was aware of bank name and account number.

anyways see how it goes.

If she is agreeing for mutual divorce then you are lucky, Hire a good lawyer and prepare petition accordingly where you will mention that both of you can not file any case on each other and any complaint/Criminal/Civil known/unknow filled in any part of india , shall be considered as quashed/dismissed . Ask lawyer he will write in better language then me.

Then she can not file any case after divorce.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 December 2014

@ Not Required,

 

I have answer your question in the following link.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103100&offset=11#.VIPubGeLu_I


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