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Sridhar (Engineer)     23 March 2013

Quashing of 498a and 3&4 of dv act

Hi,

Can we file in the High  Court (Andhra Pradesh) for quashing of case filed under 498A and 3,4 of DV Act. Does the high court consider it when the case is for trail in the lower court. To give a bit more background to this, my cousin's wife filed these cases and right now, they got divorce and my cousin's wife would co-operate in quashing of the case as they would be paid the full settlement amount once the case is disposed. 

I need your expert opinion if AP High court would consider quashing of the case filed under the above sections. Also, any recommendations for a lawyer in AP High Court who can help with this process?

Thanks in advance.

Regards,

Sridhar



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 5 Replies

Manish Udar (www.Mehnat.IN)     23 March 2013

There is Rama Chary on many threads here. He is in hyderabad and he gives sound advice as far as I have seen.

www.mehnat.in

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 March 2013

 

 

It is true that Quashing 498A is not possible basis the evidences that you have these cases are quashed in exceptional circumstances so it will be a waste of time and money to try for Quashing. It can only be quashed if you have reached a compromise with the lady who has agreed to withdraw the case basis some compromise else its a waste. Even if any lawyer advises you dont try for Quashing.

Quashing would just delay. In case you want the case in lower court to be stayed for sometime that can be achieved through Quashing writ as until the case is disposed in HC the lower court proceedings will be stayed.

 

There are very exceptional circumstances that court would Quash a case basis eveidences. Dont worry it may take time but let it continue in trial court. These cases get compromised at some stage initially the girls side try to build up more pressure through 498A and DV to make you shell out more money but once you are able to cope up with the initial pressure and show them you wont bow down they realise that its not that easy. So sustain this initial pressure and you would be successful. Just defend dont try any Quash.

 

Manish Udar (www.Mehnat.IN)     23 March 2013

Mr. Rama Chary querist has mentioned that compromise has been reached.

Sameer Sam (Self Employed )     26 March 2013

You can take suggesion from Mr. Shonee Ji as he can suggest very good guidlines for same.

Below is mail id -- harassed.by.498a@gmail.com

Soumya (others)     22 April 2013

Hello, I have filed a case on my husband under 498A,506 r/w 34 of DP Act 1961.My husband was in remand for a week and came out on bail and case is in trail in lower court.And they have applied for a quash in hyderabad high court that his family members (my in in-laws and sis-laws )are not part of this,and requesting court to delete them from the case, but they are the main whole and sole responsible persons who did harrassment on me and even they are forced me to attemt suicide.I have scars on body for this as a proof also. And they even god anticipatory bail for the remaining family members also.

So how the process will be in this type of quash and is it required me to get in touch with Public prosecutor to stop this? Im not getting what to do. Plz help me in immediately.

 

Regards,

Soumya.


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