498a quash case dismissed on first hearing in delhi h/c

Over confidence and lack of proper legal expert let down similar attempts for quash and discharge.

Supreme court has time and again laid down simple and transperant rules for quash and discharge.

If the story in FIR or complaint in lower court do not disclosed any offense than only such applications are admitted for hearing. Please read it carefully admitted for hearing and not for final decison since other party will be heard.

If as your understanding the charges are false that you have to prove in lower court and quash is not a remedy.

Please read the recent SC decisions in ARUSHI MUDER CASE and very recent  JAFFER SHARIEF   ore Railway minister case.

Respected Sir,

It is not overconfidence, or lack of knowledge. But if somebody puts a charge that I beat up that person, and harassed her, and the corrupt police is very inclined to draw out a 498a case, then there is always very difficult to prove that the allegations are false.

coming to facts, there are arguments that there is no medical report, no brain scan reports for mental harassment charges, no injury marks, no eye witnesses, and the girl lived with me for less than 1 week, and filed the case 1 year later, and proof that all her behavior during the "supposedly" pleasant times was of a gold digger, and has already lost the divorce case, then also the judge decides his hands are tied and will not support me and imposes a fine..

I am here to get only free advise regarding next steps.

If you are saying that there is no chance of a quash, I do believe you, and I already knew that, but not hearing even once.. that is extreme

Next possible step is to quash the case at expiry of 3 years which is in March, based on limitation period.

Again you are confusing the story.

1) What the law says that if there is no complaint of beating or mental harrassment in the FIR it can be quashed.

2) But if it is there is in the complaint than whether medical evidence is there or not or other eye witness support or reject the story will have to be proved in lower court by trial.

What you want to argue were the same arguments put forth by the topmost advocates of the country before SUPREME COURT  in AURUSHI MURDER case and the same were rejected EVEN THOUGH THE INVESTIGATING AGENCY THE CBI HAD FILED A CLOSURE REPORT.

Thank you Sir. 

I understand your point, There is no chance of quash, 

What do you suggest about the approach on limitation period expiry on 3 years.

Can I file quash then. Will that be substantial.

Another point.. what is the remedy of false case.. I am just saying this is whole false case. Why won't the high court judge even look for substance in the case.  

1. What were the grounds of Quash?

2. On what reasoning w/o issuing the notice to the state/ other party the case was dismissed?

3. Can we see the Judgment copy.

Whether to go to SC or not can be stated after seeing the Judgement of Delhi HC.

Regards,

Shonee Kapoor

Handphone: +91-8010850498

EmaIl: harassed.by.498a@gmail.com

Facebook: www.facebook.com/shoneekapoor

On second thoughts, even the SC would ask for mediation.

The way out is not to outright deny the same, but find ways around the same.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

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No Problems.

Thanks

Rahul