498a

riddle.                                                  

 

no facts given

My wife lodged an fir on 14 sept 2017, i got to know abt it much later when police called me. I wasnt called for any mediation before any comittee before lodging FIr. I have no statement on record till date. Dv and divorce petition pending. Can FIR be quashed on basis of procedure not followed before lodging FIR?

Your marriage is over.  Anyhow you will have to pay alimony to her.  Due to lawyers you might not pay for some time, that will pile up.  498a will take 6-7 years to get over.  If they prove in court that they were forced to pay dowry or you demanded dowry, you your mom dad all who are mentioned in intitial ocmplaint will go to jail for 7 years.

Fate of 498a will be now nkown only after the case is over.

DV case also will run for 10-12 years.

Until these two cases aer not over, your divorce case wont get over.  So divorce case also will run along side thse cases and might get over by 15 years.

End of it you wont know if court grant divorce or not.

Adopt ritik roshan method, pay money and take mutual divorce.  Matter will be over in less than a year.

If you have the popular itch of fighting for justice, you will lose your life in court halls.

Raj sir- i already have approached for mutual, she doenst want, even judges tried to convice her but she has been misguided by her advocate into doing all this. Please let me know about quashing of FIR thing, is it worth giving it a try? What are the advantages if any

Raj sir- i already have approached for mutual, she doenst want, even judges tried to convice her but she has been misguided by her advocate into doing all this. Please let me know about quashing of FIR thing, is it worth giving it a try? What are the advantages if any

WHich lawyer will project your story and argue in what way and what judge will percieve is a unknonw thing.

It is a gamble.  It may get quashed. It might not. But expenses will be there.  And time will be consumed.  If it get quasehed fine.  If it doesnt, case will go on trial.

She does not want mutual? Rise the price, money wins eventually.  If she does not want a penny, she is a saint?  To increase your price for freedom al this drama she doing.  THrow in more money.  Get it over in 6 months.  ANything over 1 year dont pay a penny.

Filing the quashing petition in the High Court just on the ground that FIR was registered u/s 498A IPC etc, without sending you notice under section 41, 41A Cr.P.C and sending both parties for mediation is possible but that will not be sufficient for getting a quashing order from the High Court.

The High Court will definitely send both parties for mediation for settlement of the dispute amicably. If the mediation fails the FIR won't be quashed but you will have face the prosecution.

Better apply for anticipatory bail immediately least you get arrested by police.

I got 41, 15 days after filing of FIR, I have already applied ABA and got interim also. Can we challenge FIR on the basis it was not lodged as per the supreme court guidelines?

I got 41, 15 days after filing of FIR, I have already applied ABA and got interim also. Can we challenge FIR on the basis it was not lodged as per the supreme court guidelines?

Originally posted by : Ramesh
	I got 41, 15 days after filing of FIR, I have already applied ABA and got interim also. Can we challenge FIR on the basis it was not lodged as per the supreme court guidelines?

 

No, points raised by you will not be able to get the FIR quashed.

Can these above mentioned points be used in my favor for ABA final argument

Originally posted by : Ramesh
	Can these above mentioned points be used in my favor for ABA final argument

 

Yes, your lawyer will raise these points in your favour in the proceedings of AB

Various contradictory statments made by the author make the query as hypothetical, concocted and academic.

If there is some iota of truth in the story, consult your lawyer and proceed as guided/advised by him/her without seeking FREE SERVICE on this platform by providing information in bits and pieces, it is bound to spoil your case opening gates of jail for the accused.