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Zubair (aaa)     22 November 2012

498a, 506, 406, 34 on 10 people by my wife

498a, 506, 406, 34 on 10 people by my wife  



Learning

 3 Replies

Manoj Kumar Jain (abc)     22 November 2012

Yes you can file 482 for quash 

Tajobsindia (Senior Partner )     22 November 2012

In my view what you require first is Chamber discussion with a seasoned Criminal Law side practicing Advocate.

1. Hon’ble SC in catena of decisions have said that if family members not living with DIL are roped in without any specific act / role / releif then their names are liable to be quashed. Discuss with hired Advocate and may act accordingly.

2. The stridhan list should be as per Rules. The receipts should be there. Investigations as to authenticity of the receipts are parts of investigations. Tax Evasion petition are also one way to solve the mystery of such large quantity of gold affordability. The capacity of giving such huge quantity of ornaments should be there of the FIL or her side of the family and not some vague statements that her sides say some 200 relatives pooled in daily Rs. 1000/- to end up purchasing ½ a kg. gold !!! This is way too much gold floating around I must observe as it is reference ot context. These are some of the loopholes as and when proceedings furthers you will stumble on them.

3
. See proving if she was staying or not is not that important as cited Sections of IPC are more or less bracketed as “continuous offence”. What one needs to clarify (argue) is on such and such circumstances were these vague statements convey “continuation of offence” or not! This seasoned advocate whom I suggested to hire can assist you guys with it. Also by call for CDR records of her cellphone with tower location mapping one can bring stark extreme quality of silver evidences if she was living all these times in 4 walls of your bedroom or was staying in a working women’s hostel blah blah.......

Nutshell if you get chance then read daily some 100 past messages similar to your title in Criminal Law / Family Law forums and make notes your power of reasoning and understanding how to prove one “innocent” in face of such gender biased laws will get solved more or less as there is nothing called 7 or 10 point Charter something to follow here as each case brings on board peculiar facts and internet has restriction to talk and talk in 1008 Arabian Nights style to very first thread post of a queriest.

Some self help is also needed from prospective client side is bottom line view of mine. .

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ANAMIKA VICHARE (LAWYER)     24 November 2012

I agree with Tajobs, discussion is necessary to know whether your case is fit for quashing proceedings, else you will lose your time, money and energy

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