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deepa (housewife)     08 August 2012

Confusion over 498a quashing in hc

hello,

I  am charged falsely in 498a and 506ipc by my bother's wife..I have sufficient proofs to show to the court that I was not present on the dates the complaintee has given..and that i live in a seperate house not with my parents.unfortunately we are stuck with a wrong sessions court lawyer who has always forced us in to settelment..he has never given us the confidence neither shown interset in our side of story,so we hired a lawyer in hyderabad to get a stay as well as quashing...now we have signed vakalat after signing now he says may be it will not be accepted as the charge sheet is still not filed...and he says that we have to first settle it in the lower court and then only we can go for higher court..but from day 1 we have been facing problems in the lower court..it took 10 days for my brother's bail to be granted that too with  a relative cluase with property and my parents and I got anticipatory bails by signing for 11 days in the police stationand the lawyer there says that judge is not very favourable because we are outstation.i have to two small kids and it is affecting my family peace ...could anyone guide us..

                                                                                                       thank you



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 August 2012

Hi Deepa, 

 

If you have unimpeachable evidence of alibi (your absence at the place of occurence at the time alleged in the FIR/Complaint), then you can try going to the High Court u/s 482 r/w 226 of the Constitution. The Court though normally does not go beyond the text of FIR in deciding whether to quash it, however there are judgments that say that court can go into documents of unimpeachable integrity at this stage as well. The other option for you is to wait till chargesheet is presented and then argue for a discharge, in discharge too the court would refuse to look into your material and you would have show that charge is groundless from their material only. 

3 Like

deepa (housewife)     08 August 2012

Hello Bharath Sir,

         Thanks for the valuable information..yes i have very good proof..i have flight tickets on my name that day...luckily...so i am just  waiting for justice to be served..because it is totally unreasonable what she has done to me as well as for my brother...we are the victims here..but thank you for your time

                                                                  Deepa

Harsh (Manager)     13 January 2013

What if the the complaint/FIR has no dates of incidents at all? only that i was tortured after marriage.

in such case if someone spent very less time and there is no proof of being away. can we still file a quash/discharge or ask to delete names from CS.

Msk-need -nuetral- laws (self)     18 January 2013

Deepa,

Dont leave that lady, implicate in defamtion case and screw her with all available legal section.

She does nt even have sympathy on another lady, she deserves it.!!


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