Help on quash of false 498a fir & stay order on dv case

1. Can i quash False FIR under 482 CRPC .does it really worth ..it will work or just waist of money or time?

Opinion: If you have stringent proves that is beyond any doubt and that could easily replicates her malafide intension for extortion then it's best time to file quash for her false 498a.

Reffer : Indian evidence act for all your existing proof's and see whether it can be used as evidence or not,try to gather some more proof's which show's her behaviour,her intension's along with her parent's

does any one got good result under 482crpc?

Opinion: As stated above. If undoubtful proof then sure shot relief.

2. i have heard from many 498A site.. about stay order on DV case when 498A is running

 is it possible to make stay order on already running 498A CAse?

Opinion: Both cases are distinct in nature former come's under indian penal code as later is quasi in nature which start's with civil procedure and if order's not obeyed then turned out into criminal procedure.

So, in my view better you should go for quash if you are damn sure that she has nothing to proove whereas you have everything to tell and proove it simultaneously.

3. My sister is pregnent ,her name also in FIR .we got AB for her.but lawyer saying she has to come once in court when they produce ChargeSheet . but she can't move ? How to Handle this matter ? Her bayan is still pending so can they arrest my sister? as she cant move ? is mandatory to come in court when court produce chargesheet? how to handle this?

Opinion: It's not mandatory for women who is pregnant and who is on medical to go for hearing's . Your lawyer should produce the medical "bonafide" certificate to seek relief.

4. Now 60 Days gone After Arrest but no chargsheet, can we send letter to ACP/DCP/Home Minister,

    as her father is ACP ? does it will problem for us? 

    My Lawyer is saying even if you do so...they will escape by saying "Case is Under Investigation"

   so Does it will be help to put pressure on them?

Opinion: File writ petition U/A 226 in HC if you feel any malfunctioning and improper duty of such official's in your case.

Generally a chargesheet has to be produced within 90 day's of FIR from such I/O. So, better wait for another 30 day's.

5. can i filed for child custody (child 4-5 month old) now? my lawyer saying to do that? as i already filed RCR.

my parents saying not to file as it will indicate you want only baby not wife. what is right for this?

Opinion: No. It's not wiser and productive at this stage due to your child age who is less than 5 year's.Generally a question of custody until 5 year's goes in favour of mother. So,here no relief and money will be wasted on such case. It's better to seek for visitation right.

6. if i do second marriage now & keep my second wife secrete.does it will be problem for me?

   when i go for second marriage this 498A will run for next 3yr + Divorce case run for next 3-5 year?

my age is 27 now. i am totally frustrated  & feared about my future.

Opinion: It's matter of how clever you are to hide all the illegalities till you not get divorce. But a relationship with an unmarried women can be held with your risk if she too won't file any DV or rape cases.

Proving bigamy or adultery by her is not a cake walk . To do so.... she has to either become a lady goga or Bat women

For Quashing FIR of 498A, which High Court i appeal ? My case registered Chandrapur Division  , 

My Native is in mumbai thane , we have two high court in maharashtra..

is it fine to registered 482 crpc in Bombay High Court?

if I Quash FIR then what about DV Case then?

Thanks,

Ashok

Your can quash all false cases via U/s 482 crpc in Bombay High court if the case was registered in the district of Maharastra.

Dear Ashok

I completely agree with expert, nothing left to add