SidChiBharg (Software) 16 June 2013

Discharge of parents after framing of charges

Hi Friends,

My estranged wife had put 498a/406 and implicated me and my parents way back in July 2010. I had tried out 239 in district court but couldn't discharge myself and my parents. I had then gone in for 397 in sessions court but again couldn't get discharge for all of us.

Now charges have been framed on me and parents in 498a/406 by the court. I have now gone in for revision against the framing of charges in sessions court. I have made seperate files - 3 files 1 for myself 1 for my father and 1 for my mother and filed in sessions court. I am arguing myself i.e. party in person for all 3 of us. I would be asking the Hon'ble court to give me 3 separate dates for arguing separately for each of us.

I had gone to my estranged wife hometown on 3 occasions before she filed the 498a case so she kind of made the jurisdiction in her hometown with all false and baseless allegations on those dates and filed the cases in her hometown. But my parents had never visited her hometown after the marriage and there is no mention of it in her complaint or chargesheet.

Query

=====

1. I have a very interesting query. Can I put one point in my revision petition of my parents that there is no jurisdiction of the courts to entertain 498a/406 for my parents at least. Because each accused case has to looked at in a different perspective as I believe. Please do keep in mind that we don't have IPC 34 on us (Section 34. Acts done by several persons in furtherance of common intention) so I believe 498a/406 for my parents should be seen separately than me.

This is just a thought. I might be wrong.

Please do clarify and help me understand w.r.t law so that I can jot it down in my revision application.

2. The allegations of harassment w.r.t my father are not specific although there are specific allegations w.r.t my mother in the complaint copy/F.I.R. So one of my other points in revision application for my father would be - "there are no specific allegations against the accused". What more detail could I write. OR is only one statement is enough ? Also please do help with some judgements around it.

3. Cruelty as per the definition of 498a (a) and (b) is not alleged in the complaint or FIR. There is no cruelty alleged by the complainant as per the definition of 498a (a) & (b) so my father should be discharged. Please do help in judgements around these.

Since I am presenting the files and would be arguing separately so is it possible that my father is discharged from say 498a/406 and my mother is discharged from say only 406. I am not fighting for the discharge of my mother from 498a because prima facie there are allegations in the complaint / FIR about beating by her.

Please help on w.r.t law and guide me as to what the law says.

Thanks and Regards,

Sid.

Reply Follow

10 Replies

dv (ghvhb) 16 June 2013

Hi sid , you may have to upload a copy of fir . When you say direct allegations you mean as in date and thene and recourse then sought by your 498a wife You need to find contradicitons in yhe fir and have proofs.

Harsh (Manager) 16 June 2013

@Sid

any special reason why you persisted with discharge applicaiton - at trial and then at session court?

discharge and quash - both are quite dicey and time/money consuming. there is no guarantee (chances are LESS in most 498a cases).

if the complaint is false and weak, let the trial start asap and get over it.

you can try to file exemption from personal appearance for your parents to avoid all the travel and harassment.

all the technicalities are interesting to discuss and debate, but unless you are afraid of something, let it run its course.

ANEESH TRIVEDI (ADVOCATE) (Advocate) 16 June 2013

upload a copy of FIR

SidChiBharg (Software) 17 June 2013

Originally posted by : Harsh
	@Sid any special reason why you persisted with discharge applicaiton - at trial and then at session court? discharge and quash - both are quite dicey and time/money consuming. there is no guarantee (chances are LESS in most 498a cases). if the complaint is false and weak, let the trial start asap and get over it. you can try to file exemption from personal appearance for your parents to avoid all the travel and harassment. all the technicalities are interesting to discuss and debate, but unless you are afraid of something, let it run its course.

@Harsh

yes - I want to get at least my parents discharged from the charges and I don't want them to face trial. Prima Facie charge on 406 does not appear to be there as there is no mention of entrustment by the lady in the FIR. I know chances are less but prima facie the charges shouldn't be there so I am trying very hard for it. I am already in the process of filing excemption from personal appearance for my parents. I want less and less while going on trial so trying for discharge desparatly.

SidChiBharg (Software) 17 June 2013

Originally posted by : 498A fighter
	upload a copy of FIR

The FIR is in Hindi and I don't have a soft copy of it.

SidChiBharg (Software) 17 June 2013

Originally posted by : dv
	Hi sid , you may have to upload a copy of fir . When you say direct allegations you mean as in date and thene and recourse then sought by your 498a wife You need to find contradicitons in yhe fir and have proofs.

Hi dv,

This is the stage of discharge. Yeah I mean as in date, place and time. I think during discharge arguments I need to just show why 498a or 406 is not applicable to us. This is not the stage for finding contradictions and showing the proofs or going into the detail of the allegations as this is matter of trial and is not relevant during discharge.

ANEESH TRIVEDI (ADVOCATE) (Advocate) 17 June 2013

i suggest you to upload a copy of fir because in my case also we apply for discharge under 239 and it took to 3 years to hang the case now we initiate to frame charge under that only 498A and DP4 is framed now revision is there soon also in that period our main enemy that is witness from oppiste side died also some witness turn in our favor also from policeofficer we got letter that FIR filed by IO by malified intention and collectore gave a letter to DPO to withdraw the case, today i am getting the letter for AD SP that enquiry is set against IO so these much exercise under our favor is there thats why what is in FIR on the basis of which i can suggest you , so i told to upload >