498A, A Big harressment

Dear Renu,

This provision made for the protection of the women, this is the shield for women but now a days women using it as a sword. As u inform that place of marriage is Bihar & complaint lodge in Delhi,if complaint reavel that whole incident of harrassament is in Bihar. then Delhi court have no jurisdiction.file petition for quashing the proceeding. so far huge amount is concern demanding illegal money is an offence under IPC. Extortion compliant can be file.

Renu,

When was the case filed? If the case was filed in 2004 and not yet chargeseheeted, then you can go for quashing u/s 482 read with 468 CrPC, Period of limitations where the chargesheet if filed with the delay for more than the maximum punishment for that section.  Ideally the chargesheet has to be put in the court in 30 days, but the police can delay the matters. If the chargesheet is still not filed, then you can take the advantage of this situation. If the case is quashed, you will not have to give anything. You can prove cruelty on her as well as desertion.

hello,

Mr Mehta is rightly mentioned that the case is barred by limitation. You made it clear that only 498(A) case was registered. Even now the Investigating agency not chosen to file chargesheet in ur case is clearly barred by limitation and hit by Sec 468 Cr.P.C. The trial court should not take cognizance when the police filed chargesheet in a case like u after 3 years. The limitation is only 3 years. It is a right time to invoke Sec 482 Cr.P.C in a competant High Court to quash the proceedings.