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Abhi deshmukh   18 December 2015

Consultation on 498 a case

Consultation regarding pending 498 case Hi The case is as below My sister in law has filled false 498a case against me and my family members in sept 14 against which we had filled quash application in high court in Dec 14 where we were able to get removed three persons name from 498 a which include my wife and two uncles but there are still 5 people names remained in court which includes me ,my elder brother who's wife filed the complaint, another younger brother and my parents father and mother.now the case in trail Court and date is in Feb month so I want to get the name discharged my name from the case. 1.Can I file the discharge application in trail Court before Feb month and is it possible that arguments can be started in the month of Feb on the date itself. 2.How much time it takes to get name discharged from the 498 a case 3.How does the discharge application process works. 4.when the 498 filed we have approached high court the Court advised to district court to do bail so do we required to take regular bail now again from trial court 5.I don't want to attend the Court dates so do I apply for permanent dispense from the Court dates. 6.I have my L1 visa interview in coming days so can I go attend the interview without disclosing the pending 498 a case against me or I have to wait till the name get discharged from the case. 7.Is there any problem in immigration if I will not disclose the pending case from my side


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 2 Replies

prabhakar advocate (advocate)     19 December 2015

If the HC after considering all the parties and still kept 5 names as accused, the trial court will not discharge them from the case.  So your application for discharge becomes futile.  If HC has not considered your five names, then you can try for that.  If you have taken regular bail in trial court, there is no need to  take bail again.  Personal permanent exemption is in the discretion of the trial court and rarely granted.  You move appropriate application showing your necessity to work abroad and if the trial court does not allow your application, move HC.  In any interview, you should inform the true facts irrespective of the result.  Otherwise, you will face future repercussions.

Abhi deshmukh   20 December 2015

The HC has kept five names in the case because we had withdrawn the quash application and able to remove only five names from the 498 a case so we want to apply for discharge application for the remaining names hence kindly advice on the same

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