Rakesh R (Others) 27 August 2014

498a quash

Hello - Married in Apr 2013.Wife left home on 28th Sep and filed 498A case on myself and 4 others in my family on 1st Mar 2014 with vague allegations and no solid proof. I have applied for AB and the case has been referred to mediation, the mediation failed on June 9th and everyone got AB and then regular bail.

On the investigation, police couldnt find any evidence and though I dont have any very strong material to prove that the case is false, I have enough photographic proofs that we lived together happily and also the bank transaction/bill(hotel/movies/gifts) for the time we spend together until she left home.

My lawyer is saying we can apply for the quash as the Police didnt file charge sheet for more than 5 months(by the time we file it will be 6) and police is also not interested in continuing the case and it looks like my lawyer spoke with the police/public prosecutor. He is charging X amount of money for quashing the case.

Now my questions are.

1. Is it really easy to quash the case on the basis of my evidence and 6 months period after filing FIR.

2. Who will be respondent for this case ? Police or my wife or both?

3. If police says that they dont find any evidence to prosecute the accused and wife dont agree, will the case go to trial.

4. If the case is not entirely quashed then will the accused who are not living along with the husbands will be quashed ?

Can you please help me ?

Thanks

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3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 August 2014

1. I doubt that six months is sufficiently long period when the high court would intervene for quashing the case.

2. Both state and the complainant would be made respondent in any quashing petition.

3. The case can then run as private complaint case.

4. Can not be committed.

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Shonee Kapoor

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 August 2014

On second thoughts, the High Court can give direction for expediting the investigation in such scenerio.

Regards,

Shonee Kapoor

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Facebook: www.facebook.com/shoneekapoor

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If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 August 2014

"looks like my lawyer spoke with the police/public prosecutor" - so clearly you have noticed that most of the lawyers are corrupted.

1. Is it really easy to quash the case on the basis of my evidence and 6 months period after filing FIR.

Quashing may not very easy. You can try quashing with speedy trial by filing writ petition (Article 226) with 482 CrPC and Indian Evidence Act 1872. But you have to do this in-person(Without Advocate). Sample petitions are there in my links bellow.

2. Who will be respondent for this case ? Police or my wife or both?

Both State (police, IO) and your wife will be respondents for the said writ petition (Article 226.

3. If police says that they don't find any evidence to prosecute the accused and wife dont agree, will the case go to trial.

This is ground ground to quash the case.

4. If the case is not entirely quashed then will the accused who are not living along with the husbands will be quashed ?

Yes, Please prey for speedy trial with the same said petition If the judge does not grant quash.

Can you please help me ?

Self help is the best way my friend. There is a great lawyer is inside you. Please awake him. He will survive you. Good Luck!

Please follow my each posts in the following links bellow for more knowledge.

https:// 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