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gunakumaran (Manager)     13 September 2010

498a/506 help me pls

My Case summary

Got married in chennai on 06.09.2009
left to hosur on 14.09.2009  ( acompnied with me my wife , my mom)
my mom and wife left hosur and came back to chennai on 10.10.2009
wife stayed in father house for 4 days and went back to her mother house ( ie that is also in chennai)- 15.10.2009
16.09.2009 celebrated deepavali in father in law house and 17.09.2009  celebrated diwali in my father house
19.09.2009  went back to hosur ( leaving in her mother house as mangal sustra changing cermony  is on 21.10.2009)
my sister in law , mother , sisters went to her house for the mangal sustra changing cermony on 21.10.2009  )

father went to her house and brough her on 23.10.2009

27.10.2009 she left home saying she has to bring her cloth  ad didnt returned

26.11.2009  she came with her uncle , sister and mother and she stayed in my father house

03.12.2009  she left my father house and stayed in her mother house

 


i didnt take her back becouse she had some illegal contact ( her mobile bills are avilable have more than 30 page)
her father was asking me to change the job to chennai  .
i should not take care of my parents and they should not stay with me .

becouse of these reason i didnt call her back and she is also not intresed to come back

21.03.2010  mediators came to my hosue along with there relations but no conclsuion

her second sister , uncle and one more person threaten me that they will kill me .

27.05.2010 police from chennai came and arrested me siting that i have asked 50 laks rupees and therten her if she didnt bring i will kill her( totally false)

she has added my mother , father and my brother also .

they have put 498a and 506 (1) and 506 ( II)

she has said that my mother has not feed her 8 days when she is my father house and she got ulcer .

the IO arrested me and they have remanded me for 15 days and i got bail in 4 days my father , mother , and brother got AB


nearly 7 month of seperation between she and me she has field as false case
charge sheet filed on 30.08.2010 ( after 90 days )

i am yet to get the summon from the court


below is my questions

can i go for sqash ?
I have been arrested becouse of bribe given by my father in law  to police  can i go to  high court  for sqash?
or i have to wait for trails ?


what i have to do now

my neighbour and my house owner are with us  as witness.


how to break this case
pls help me

 

 
 



Learning

 7 Replies


(Guest)
498a and 506 are self contradictory. 506 is ORAL THREATS/ABUSES ETC and is purely psychological.. 498a is physical cruelty. Whats your wife mean? Did you MURDER HER OR SET JER IN FLAMES USING HYPNOSIS OR PYCHOLOGICAL BRAINWASHING. This case is defunt ,has no merit,DISMISSED.Kindly clarify if its 406 or 506. I bet her lawyer has a grouse against women or is a homo.
 
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Central Government Act
506. Punishment for criminal intimidation.-- Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. If threat be to cause death or grievous hurt, etc.-- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3[ imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both
1 Like

dittakaviramchand (advocate)     13 September 2010

first of all dont call it as sqash, it is Quash proceedings in HighCourt. Fundamentally no court will be prepared to Quash any case pending in a Lower Court, unless there is an inherent legal defect and the case cannot be sustained on the legal principles which are laid down. The High court or the Supremecourt will not look into the falsity or truthfulness of the facts like, cruelty as required under law. The higher court will presume the truth of the allegations made in the charge sheet in a  limited way,because truth or falsehood of the story made by ur wife can only be decided in the trial of the case.So going for trial is advisable.BETTER ADVISER CAN BE UR ADVOCATE WHO READ THE ENTIRE FILE.Be cautious Wish u good luck

gunakumaran (Manager)     13 September 2010

Thanks

it is 506 ( part 1 ) and 506 ( part 11)


(Guest)

A Qazi or a Judge can transfer it to a predominant Islamic place. Moreover Shariat over rules all non Islamic laws and does not recognize Law Courts created by the British or any other ethnic non Islamic community.

Vasudevamudaliar (Lawyer)     14 September 2010

Dear Gunasekaran

 

I do fuly agree with the opinion on  Learned friend MR.Dittavikramchand.   As  entire grounds are false and fictious, you may approach  High Court for quash. There are many chances for the same.  Better you  engage leading criminal lawyers so get  quicker remedy in your case and take help of private detective to explore illegal connection etc.  and the persons behind your  wife.  In 506  Part II   threat of any nature can be added but it is not so easy to prove.   Your case is very simple and normal but you had undergone judicial custody etc which are nightmare for a common man.  Pls ignore all those as a bad dream and try to come out with the problem.

Wish you a good luck.  

1 Like

Eswar_Reddy (service)     14 September 2010

Hi Mr. Gunasekaran

i too faced same kind of prolem. my case was booked on 17.07.2009, now it is under trails and in final stage.  i made some arrangements to weeken the case with the help of my lawyer.

i can share them if u reply on my personal ID: eswar.urs77@gmail.com

 

regards

eswar

1 Like

gunakumaran (Manager)     08 October 2010

Dear Reddy ji

i have send mail from my gmail pls help me

it is haikumaraswamy@gmail.com


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