sagar shinde (student) 03 September 2012

Need help on 498a case

Hello all,

I want guidance on quashing 498a case. Let me tell you my case in brief:

case: My sister got married in 2004. She was being mentally and physically torchured by Husband and Mother in law since then. She was bearing all that torture for so called our family status. But in 2009 she was brutally beaten and was admitted to hospital. Then my sister had filed 498a case against her husband and mother in law . Now the thing is in-laws family still did not turn up. After 2-3 months of filing 498a we filed Domestic Violence and asked some money towards her food/shelter and for her 5 yrs old daughters expense. After that husband with few of his frnds as mediator came and apologise for all things and was ready to stay with her separately and promised not to harrass her again. Since last 2 years they are staying together. Now current situation is husband occasionally have quarrels with her on the issue of taking 498a case back.
Even my family and sister wants to withdraw case since his behavior is tremendously improved in 2 yrs.

But at the same time we are worried that he should not repeat his mistakes in future. Many lawyers at our place suggested to have a MOU signed by both of them and parents which will have certain terms and conditions mentioned. I have following queries

1) Can you all suggest me what should we include in terms and conditions of MOU?

2) What is the best way to withdraw 498a , so that my sister wont face any trouble in future. (The case is not false case, we have all evidences of medical records, her husbands fake educational certificates etc., But since now he is behaving well we want to give him last chance)

3) What are the approximate expenses to quash 498a case through high court?

4) Is there any other way than apporaching high court to quash 498a?

5) Is there any known women legal aid center you know which can do these legal tasks at reasonable low cost/ free of charge?

You can Private Message me or I can share my no to disucss the case further with you.

Thanks

sagar

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2 Replies

Guest (Guest) 03 September 2012

It is impossible to conceive and enumerate the terms and conditions of the compromise. Once the compromise is reached your brother-in-law can go to the HC for quashing. In the absence of a compromise the only option in his hands is to go for contested quashing, which is difficult on any given day. Even after a compromise is reached and the proceedings pending in the trial court are quashed by the HC, in the event of a new FIR/Complaint being lodged against him, the trial will proceed on merit without being influenced by the previous case.

Only the HC can quash 498A. The trial court cannot quash a trial u/s 498A.

The expenses are in the form of lawyer's fees which varies from one lawyer to another depending upon the experience and expertise of the lawyer.

You may contact a woman cell,if any, in your city.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

sagar shinde (student) 04 September 2012

Thank you sir for your reply. I have a query:

1) What is the guarantee that High court will quash the 498a case? Whether MoU signed by both parties has to be shown in High court? and What are the chances that high court will reject the quashing the FIR?

2) Will there be any fine imposed on girl (domestic violenece vitim) for quashing 498a case in high court?

Regards

sagar shinde