A.P High Court 498A quash petition problem

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING 498A MATTER AND HC MATTER KINDLY NOTE THAT

1.YOU HAVE FILED PETITION TO HC FOR QUASHING 498A CASE AT LOWER COURT.

2.KINDLY NOTE THAT YOU CAN GET THE LOWER COURT MATTER STAYED BY THE HIGH COURT AND GET THE SAME QUASHED.

3.BUT THE OTHER SIDE WILL ALWAYS TRY TO AVOID APPEARING BEFORE HC AND TRY TO HARASS YOU AT LOWER COURT .HENCE IT IS ADVISIBLE FOR YOU TO GET THE MATTER MENTIONED BEFORE THE LORDSHIPS HIGH COURT AND GET NOTICE ISSUED AND SERVED ON THE OTHER SIDE.

4IN CASE AFTER SERVICE OF NOTICE THE OTHER SIDE IS REMAINING ABSENT YOU MAY GET EXPARTE ORDER AND INSIST FOR STAY OF LOWER COURT CASE UNDER SEC.498A.

YOU WILL SUCCEED.

GOOD LUCK.

Dear Sawanth Sir,

Thank you for the information.

In the High Court the matter is not coming for hearing to submit the argument. Does my lawyer is not taking care to bring my matter on the bench ... or as a matter of fact it taakes time to come on bench. Till 18 month matter is not came to bench even single time.

Can I ask my lawyer to bring the file on bench? Can be make it or it comes automatically ? 

Every body is advocating quash , quash and quash.

Quesh is not easy hence court is not taking up your matter , no fault of your advocate. He is just giving you soothing words to keep up your sprits and his expanses.

There are two defferent things in law , one is false case this you have to prove by evidence in lower court. NO QUASH BUISNESS ADMISSIBLE. You can not  evade lower court proceedings in guise of QUASH.

The other is that if all the allegations are taken at their face value than still no case is made out, only in such cases FIR and lower court poroceedings can be quashed. But this you have to convincingly submit in the manner believable by Court.

Dear Siv,

If your lawyer filed a case in AP High court then you can see the case status if filed or not by going to web site hc.ap.nic.in in the search by party name give your full or partial name.

Coming to filing a QUASH in HC that is not a simple task. Assuming in your case if a total false 498A was filed you should show the case to a good lawyer and take advice from him first is it feasible to go to SQUASH or NOT. If based on the points if they suggest to go for SQUASH then only you can go otherwise it is waste of time and money. Normally when the girl side files a 498A especially false ones the case will be writeen by a lawyer to include points so that other party cannot get a quash in HC. So in this case you have to fight it out in lower court only. HC can help you only when the case is getting puposefully delayed a long time, other petty things that comes up during the trial period.

What ShashiKumar told above is 100% correct.

Hello Sir, 

I had paid compensation (on lawyers) pressure at lower court and it bought on to records before magistrate since lower court cannot directly quash 498a petition and requires 3 months cooling time our lawyers say they will get quash from high court , now its almost 2 months completed and i dont see any progress on quash again lawyers every time giving me different stories.i have couple of points to cover

a) At Lower court magistrate opponents has signed all the documents like taking out 498A, DVC & MC cases as well taken compensation amount and i got certified copy too. after 3 months lower court will directly be closing all the cases or any again procedure required.

b) what are all the certified copies i need to get in case quash happens at high court / after 3 months lower court itself closes the case.

thanks much in advance

-Pathi