498a quash vacated..next steps?

High courts never look in to the matter, they only know dismiss.

Now your sister will have to apply for the bail.  

if the stay has been vacated there is no other option than to apply for regular bail.

Kindly let me know either over phone or by e.mail about the stage of the 498-A  proceedings in the lower court as to whether it is in the F.I.R. stage or charge-sheet has been filed in that case. I shall advice you properly according to the circumstances.

S.JEEVAGAN, M.A.,LL.B.,LL.M.,

Advocate & Legal Consultant,

MADURAI, TAMILNADU.

Website: www.jeevaganadvocate.com

E.mail:    info@jeevaganadvocate.com

Mobile:    9842197857 .

The position/stage of case u/s 498 A in District court is required to be intimated for giving any advice on the subject.

Yes, unless  the current stage of the proceeding is known, it is not proper to comment.

I would suggest that your sister get certified copies of the FIR and any other documents filed against her, and file a libel (defamation by writing) and slander (verbal) action in civil court in her jurisdiction. What I've seen in India is that people just keep throwing in false statement after false statement, even contradicting previous statements, but never any evidence.

The only defence to defamation is the truth. And saying "but I said it in a court statement in India" does not count as proof. Furthermore, the defendant (your ex I assume) will have to appear or hire a lawyer to appear on her behalf. You can send me a message if you want further help with this.

I don't agree with most of the advises.

Unless it is the state of UP/ Uttranchal, you need to get AB for your sister and also apply for personal exemption from attending court.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks for all who have provided response.

About 2 yrs back, we filed Quash petition for my sister/bro-in law (they live in US)  with the ground that no charges were mentioned in FIR and high court gave STAY.

Then after 6 months, we filed quash for my parents on grounds of Jurisdiction. 498a was filed was in district where none of both families lived/ even visited. High court gave STAY too.

Then while the stay was active for more than 1 year, we filed quash for sister, bro-in law and parents, on grounds of Jurisdiction and no charges mentioned in FIR.. high court  VACATED STAY for all.

As a next step, if I my sister, applys for Bail (AB), she may need to surrender passport and fulfill any conditions ordered by the high court. *** what you all think applying for a quash in a Supereme court.

welecome change in quality of opinions=

1) Rajoo suggesting QUASH AND QUASH earlier has now come on reality.

2) And Mr Shonee in place of customery  I AGREE AND I ALSO AGREE , you have now stated to be disagree.

Regarding the problem the stage of AB  is over, appear in lower court , get regular bail and fight on technical poines which will be many and than go in revision on those points and exhaust your opponent.