Got stay in 498-a, 323, 504 and 506 ipc

.1. & 2  The order is in your favour, contact and appreciate your counsel.

3.As divorce is already happened so you should be insisting to fight case on merit and court may ask force me for mediation for amicable settlement.  As you havel proof to prove that they are wrong and case is false you can move petition for committing a fraud upon the court/law for initiating purjury (u/s 195/340 Cr. PC) and of course yourself .

4. As there was no arrest or any order of arrest so your adv can let you know what to do. However, Bail is applied only after custody and not before that.

The H.C. case is in  your favor you can appreciate the performance of your Counsel and can give him Thanks. Proceedings before  the Magistrate has been frozen until further order of the High Court.

Thanks for replies...

Already given thanks to him..

My Question is how the court will process?Will they ask me to come back to india for hearing and how often they given dates monthly or longer dates..

And what does stay means is it like they have doubt on the FIR or chargesheet?And how much time this case will take to get over as police didn't find anything because there is nothing of violence or abuse and they have mentioned in chargesheet also.

My objective is to punish my Ex-FIL for filling false case against me and my family and destroyed the life of my ex-wife(I think she is inosense).because those Ex-MIL and Ex-FIL are crooked persons as i have given divorce because of them after they filed false 498a against me n my parents.

Regards

Mr. Harrassed/ Annonymous,

There are end number of queries posted here even after proper advise and excellent performance of your lawyer, still unsatisfied?

The court will proceed as per procedure and law of the land.  They may ask you to come back to India for hearing.  It depends upon various factors that how often they may give dates monthly or longer dates.

And  stay means freezing of proceeding of lower court.

No one has doubt on the FIR or charge sheet which are yet to be proved.

And time to be taken in this case will depend upon various factors and no one can predict.

If police didn't find anything of violence or abuse and they have mentioned in charge sheet also subsequently they can be sued for malacious prosecution.

You may fullfil your objective is to punish your Ex-FIL for filling false case once you are exonerated. 

In the High Court case your personal attendance is not necessary. Your Counsel will represent you date to date. Since the criminal proceeding has been stayed so you shall have to communicate the HC order to the Magistrate concerned through your lawyer.  If in the HC case it can be prove that the allegation made against you u/s.498A,323,504 AND 506 are falsely made to injure you ,in that event you can file a criminal case against the complainant u/s.209 I.P.C. before the Magistrate alleging that the claim in question was made in a Court of Justice as defined in sec.20 I.P.C.which was false. If you can prove that your FIL and MIL induced the complainant to file such false case then you can tag them u/s.120B with SEC.209 I.P.C.

I think that both the learned advocates Dr. Vashista and Mr. Roy have elaborately opined about the details and further course of action in this regards.  You may note that the high court is only a temporary relief, once your wife side people file their affidavits and the case is taken up for hearing, if the high court opines that it is a fit case for trial after hearing both the sides, the lower court may be directed to proceed with the trial as per law.  Whether divorced or not this is a different subject, you have to challenge it accordingly.

Thank you...My Query is answered..lets hope for the best for trial...

You are welcome, let me wish you all the best.

If you face any problem or difficulty to win the case you may contact me directly.   My Mobile no. 9836858000,  E-mail -bnroy.advocate@gmail.com

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