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deepa (housewife)     03 August 2012

After false 498a

 

Hi

  thanks everyone for the replies...i have a few more doubts can someone clear it for me..

1)how long does it take to quash a false 498a against me as i have sufficient proofs to show that i dnt stay with my brother and the dates given by my sis inlaw that i have gone to her native and assualted her amounting to 498a and 506 i have flight tickets on that day ..that i was no where in a.p.

2)after the case is quashed further what actions can i take against the injustice done to me..because i had to stay in an unknown place in a hotel with two little kids and my husband who had to take leave from his office to stay and sign for 11days for my anticipatory bail in the police station..

3)they intiated an f.i.r when my husband was out of india and my brother was arrested and taken in to custody ,my parents running around him ..we were also in danger of being arrested so we had to go in hiding with my two little kids till we got anticipatory bails..so all the mental agony i had to go through and the suffering my children had to go through..what justice can be done?

 



Learning

 3 Replies

vijay (M)     03 August 2012

I have yet to come across any judgements or precedents addressing injustices done by the judicial process in India.  btw I am not a lawyer.  And it may be a really long time before our insensitive society and legal process wakes up to it.  Till then thousands of victims shall continue to suffer.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 August 2012

Mrs.Deepa,

Please refer this Case No:CriLJ 3822 year 2006 for your doubts. 

The judgment dated 27-2-2006 passed in Criminal Appeal No. 274/2005 as also the judgment dated 1-10-2005 in Criminal Case No. 308/2001 are set aside. The applicants are acquitted of the charge under Section 498A read with Section 34 of I.P.C.

1 Like

Sudhir Kumar, Advocate (Advocate)     15 August 2012

)how long does it take to quash a false 498a against me as i have sufficient proofs to show that i dnt stay with my brother and the dates given by my sis inlaw that i have gone to her native and assualted her amounting to 498a and 506 i have flight tickets on that day ..that i was no where in a.p.

 

 

Ans : No stereotype reply can be given. This depends upon the rush of cases in the particular Court.

 

 

2)after the case is quashed further what actions can i take against the injustice done to me..because i had to stay in an unknown place in a hotel with two little kids and my husband who had to take leave from his office to stay and sign for 11days for my anticipatory bail in the police station..

 

Ans : if the case is quashed you can best do to sit at home because by the time you may have left with no energy.

 

 

3)they intiated an f.i.r when my husband was out of india and my brother was arrested and taken in to custody ,my parents running around him ..we were also in danger of being arrested so we had to go in hiding with my two little kids till we got anticipatory bails..so all the mental agony i had to go through and the suffering my children had to go through..what justice can be done?

 

 

Ans : I do not mean to give you a sooth saying. Even if you are hurt I will say that there is no injustice because :-

 

(i)            The complainant is bound legally /morally to wait for return of your husband to file a case against you if she feels she has a case against you.

 

(ii)           Your brother was arrested on complaint.  You have not alleged if he was tortured or kept in custody without process.

 

(iii)          Running around of your parents is caused by the procedure established by law

 

(iv)          You are hiding with intention to evade arrest which is unlawful and you cannot be compensated for the same.

 

(v)           The agony faced by you is due to procedure established by law.

 

 

The legal community on this forum is in due sympathy with you and are advising the best.  But please do not ignore advise of your lawyer in AP.  In your other blog you have stated that he is advising you to try for settlement.  He may be saying so on some logic.  Even if you suspect him to be in league with other party yet it is assign that other party too may be willing for settlement.

 

 

Remember what Lord Krishna said before the battle of Kurukshetra was actually pitched.  He stated that peace if available at any price is never costly.

 


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