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kumar   05 August 2017

Chargesheet not filed since 3 year in 498a,

respected sirs,

my wife has filed false dowry case 498A on me and family members in 2014, we all took ant. bail and appeared before court, court said to appear after getting chargeshhet and summons, meanwhile in 2015 wife filed DV case, int relief ordered by judge, iam paying every month, i filed divorce in 2016 and still running. wife's lawyer is dragging the case without any reason as they dont hav sufficient evidance. we hav a baby girl. now i hav few queries.

1. Already 3 years lapsed and no charge sheet filed in 498A, so can i go for quash with Cr. PC 468 in HC or any other provisions are there?

2. Wife is doing unnecessary drama(rona, dona), and requesting me accept her again, but i dont hav belief in her, i hav imposed some condition but, she is not ready to giv in writing, what sld be my stand now? 

Iam in huge turmoil now and in ambiguous situation, please experts i need your valuable advice.

 

Thanks in advance



Learning

 6 Replies

Siddharth Srivastava (Advocate)     06 August 2017

You can approach high court for quashing of FIR. So far drama is concerned you cannot do any thing as it is general practice of girls. Contest the case strategically and on merits. Sidharth 9811776422

P. Venu (Advocate)     06 August 2017

It appears that , though an FIR has been lodged, it has not reached the court. Wait till the court takes cognisance of the offence. It is probable that the investigation did not support the allegation in the FIR>

kumar   07 August 2017

Dear sir,

Thanks for replies, FIR has reached the court and we atteended the court few times, but judge said to come after recieving the summons, this happened in 2014, Aug month. but till now we didt receive any summons from police or court. On enquiry we came to know the charge sheet not filed, I think the other party are not interested in 498A as they are getting monetory benefit from DV case. Is delay favours me or sld i approach police to get charge sheet done.  

Is quashing of FIR can be done wholly by the reason of charge sheet not being submitted since 3 years or, they check any other aspects(as parallel DV case is running meanwhile). 

Chandrashekar   18 March 2018

Delay in Charge Sheet cannot be only ground for quashing FIR. You will have to prove that there is no prima facie evidence against you and that the complaint is false

KISHAN DUTT KALASKAR (Advocate)     19 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

P. Venu (Advocate)     19 March 2018

As already suggested, just forget the matter until and unless you receive summons from the jurisdictional Magistrate.


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