Discharge 498a charge sheet

Addition of details:

 

Hi All,

My parents and myself are accused in 498A, DP-3/4.

She filed 498A after four days. She assaulted my mother and broke her finger and then, when we went police station, they did not take our complaint. Later,after 4 days my wife filed 498A, Dp-3/4. 

This 498A is a counter blast to my going to police station.

My charge sheet has been filed after 18 months in court (FIR was filed in March 2012). I have attended the first date and collected the copy of the same.

There are no documentary proofs of alleged dowry given and medical certificates of alleged assault over 7 years of marriage.

There are statements from wife, her sister, her father, her uncle and her aunty.

I want to file for discharge of the charge sheet.

Please help me with judgements and formats that I could use to file the discharge.

Thank you.

All these are perfect grounds for discharge. However you should present before the court at the time of accepting the charge sheet! Now you have right to move discharge application at the time of framing the charge.

Now moving highcourt can be a good option!

File quash of FIR before High court with substantial evidences in your possession.

You can move your application to high court for quashing of fir on proceeding of relevant proofs .

@ Author,

1. As per your above query it is very sad state of affairs done by your strange wife.

2. Have you prepared MLC of your mother's broken finger by your wife?

3. It was best that you would have filed FIR against her with the above said MLC within 48 hrs of such incidence.

4. Now, as the chargesheet has been filed and you have been mentioned as innocent, based on that report file for quash U/s 482 Crpc before HC.

5. If you wish you could proceed for divorce after that on the basis of mental cruelity.

6.filing false cases are equivalent to the ground of mental cruelity in divorce cases.

7. For judgement's and citations of quash you can visit to my thread "A well said strategy to fight false 498a,DV and maintenance cases".

regards.

quashing is not so easy.

1. As per your above query it is very sad state of affairs done by your strange wife.

Yes, it is.

 

2. Have you prepared MLC of your mother's broken finger by your wife?

Yes, I was able to get the wound certificate after one year of running after the government hospital and the police via the court. I had to file a 159/3 in the court and direct the police to file fir in September 2012. Nearly 6 months after the incident.

 

3. It was best that you would have filed FIR against her with the above said MLC within 48 hrs of such incidence.

Police made us wait in the police station with my mother whose finger had broken for 9 hours and did not file a FIR. We went back for next 3 days and they refused to take complaint or file FIR.

After 4 days, she filed 498A and we had to abscond to avoid arrest. I lost my job and my rented house because of the 498A. Hence, the delay in filing 159/3 in Septmeber when I gathered enough information

 

4. Now, as the chargesheet has been filed and you have been mentioned as innocent, based on that report file for quash U/s 482 Crpc before HC.

Chargesheet has been filed but I am the accussed in it and not innocent.

 

5. If you wish you could proceed for divorce after that on the basis of mental cruelity.

Divorce will be filed later when the time is right. I am concentrating on my 498A case for now

 

6.filing false cases are equivalent to the ground of mental cruelity in divorce cases.

Thank you.

 

7. For judgement's and citations of quash you can visit to my thread "A well said strategy to fight false 498a,DV and maintenance cases".

I will study your thread