HK_Jain... (498a Fighter) 21 June 2013

After first motion 498a summon serve

Hi Experts

I need some clarification.

Case background-498a/406/34 Fir lodged JUne 2012,bail applied in Session court it got dismiss and appeal in DHC, got interim and refer to mediation where MOU is signed.First motion pass dec 12.

Now I am waiting for 1 july for 2nd motion and then quashing.

yesterday I got summon from MM court to appear next week.

Query:

Why MM court?

What they want?

Is it a cycle proceedure as IO have my MOU.

Should I can send my lawyer to appear or we all have to appear before MM as we all 5 people named in said summon.

Please enlighten the matter?

Regards

Hemant

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6 Replies

(Guest)

@Querist,

It appears to me,from your version of query,that court has ordered for compounding the matter.Appear before the Metropolitan Magistrate personally but along with your lawyer.

futher...(If need so arises)

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE) 21 June 2013

Jain,

1. No need to appear all member before of the court.

2. The A1 must attend before of the court alone or with lawyer.

3. No problem to go for quash.

1 Like

HK_Jain... (498a Fighter) 21 June 2013

Thanks NEWS_KNOW!!! & Udayagiri,

Also added in MOU we had mention after second motion we go for quashing where last DD is to be handed over.

Its all mention in MOU.

As per my understanding, It is a cycling proceedure after complaint & then FIR and hence Megistrate court called me before to present the current status of the case. Am I right?

Hemant Jain

Never Give Up (Fighter) 21 June 2013

Trial has started for 498A and hence the summon.

Your lovely would depose before court that nothing like what is written in application/chargesheet/FIR has happened. Also settlement and certified copy of your first motion of the divorce can be put in the court. Then comes closing of prosecution evidence , probably on the same day. (Witness turned hostile)

And after few months, you would get judgement stating "Acquited due to insufficient proofs".

Then enjoy :-)

1 Like

Adv k . mahesh (advocate) 21 June 2013

it is better to talk to your wife and let her withdraw the case of 498a on that particular day and you can proceed with the second motion process will simultenously goes ahead because

some will turn back in the case but you have to give rounds of the court till you are acquitted from the case

HK_Jain... (498a Fighter) 21 June 2013

Originally posted by : k . mahesh
	it is better to talk to your wife and let her withdraw the case of 498a on that particular day and you can proceed with the second motion process will simultenously goes ahead because some will turn back in the case but you have to give rounds of the court till you are acquitted from the case