LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

498a 504 506 dp34

498a 504 506 dp34 are registered on my name in Ghaziabaad.

I came to know about the FIR after 7 months.My wife is staying away from me from last 18 months.

What action I should take to quash these cases?

 



Learning

 4 Replies

Sanjeev (Lawyer)     28 August 2012

the case cannot be quashed but you should file a writ petition with allahabad high court and ask for stay of arrest and it will issue directions to cjm ghaziabad to grant you interim bail and refer the matter to mediation. in mediation they will try to resolve the dispute between you and your wife if resolved case would be quashed else you will need to apply for final bail and most likely would be granted. the trial would start thereafter.

498aVictim (Engineer)     28 August 2012

1. First go and check if the charge sheet (CS) has been filed in the office of CJM Ghaziabad. Carry your Case Crime No and name of the PS. 2. If CS is not filed yet- (a) if you have sufficient evidence (documentary) to prove the falsity of the FIR, give a copy of the same to SSP Ghaziabad with the prayer to seek proper investigation in the case. Don't forget to take the acknowledgement and Complaint No of the application submitted to the SSP. Wait for 15 days. If no investigation is conducted by the IO, apply Writ Petition in HC to seek directions for proper, unbiased and speedy investigation in the matter. Do attach the copy of the application with evidence submitted to the SSP in the Writ Petition. You can also try approaching CJM Court to record your statement with evidence u/s 164(1) CrPC with prayer to issue directions to IO u/s 159 CrPC for proper investigation. Chances are he will reject it. Attach this rejection order also in the Writ Petition to make your case stronger. (b) else wait and watch till CS is filed. No need for mediation if the case is false. 2. If CS is filed- (a) take copy of statements of prosecution witnesses, other documents filed with charge sheet from CJM Court by putting an application u/s 238 CrPC. (b) File discharge u/s 239 crpc if no offense is made out from the CS, Statements and other documents submitted along with by the police. (c) File 482 petition in HC if there is a sufficient ground and question of Facts and Law beyond the powers of CJM court. 3. Join LLB. All the best and do not give up. Vishal (2nd year Law)

Sudhir Kumar, Advocate (Advocate)     01 September 2012

who are the accused.  What are their professions.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading