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sudha (n/a)     16 October 2015

Chances of quashing ?

Hello Experts ,

 

This is a case of my cousin

 

She got married in 2012. but her husband is a IMPOTENT person

After she came to know the fact, she got separated from her husband and also due to few disputes My cousin filed a 498(a) case against her husband and In- laws ( they were misguided by police as her father-in-law is also a Police ) --- it was not intentional but police created like that.

 

later as they are not getting any justice the Girl's parents filed a 420 case as that family  cheated in the name of marriage.

 

498 (A) case is on trails  ( cross examination of witness-1 i.e Wife is completed )

420 case -- got stay from Andhra Pradesh HC as they went for quash ( is getting stay means possibility of getting quashed )

For more than a year 420 case  is on stay and the stay is extending furthur.

recently , the HC Lawyer of the accused requested the court to club the  420 case with 498(A) case as the contents of both cases are same.

HC stayed the proceedings on 498(A ) as well along with 420. and the stay has been extending from the past 2 months .

Does this stay means possibility of Quash of both the cases ? ( they did not file for quash of 498 (A)) 

Is there possibility of Quashing 420 as the stay has been extending fron an year  ?

 



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     16 October 2015

As sections 498A and 420 are different in nature,they cannot be clubbed together.Quashing of the above sections purely depends on the chargesheet filed and the merits incorporated in the quash petition.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 October 2015

Stay is not a guarantee to quash.

 

420 and 498a can be clubbed; if the basic contents of both are same.

 

The High Court would grant opportunities for mediation and settlement of case. 

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 October 2015

As rightly observed by learned advocates above, the stay granted on further proceedings of the cases under section 498a and 420 need not be a base for quash decision.  The quash is a discretion by the high court based on the merits of the petition and the defects in the charge sheets.   If the stay is extending for an year or more, you may try through your lawyer for vacating it on the basis of defacto complainant and the merits in your side against the petitioner/husband. The high court may consider the application if it finds convincing ground in the application for vacating the stay. 

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