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Mani123456 (Engineer)     24 July 2013

Quashing of 498a

Hi, My wife did not turn up for 498a and trail court had been giving me dates without doing anything. The trial court gives me dates every 3 months since last 2 years. I have filed the quashing of the 498a in high court under the ground that trial court is not willing to finish the trial at all. I go one date in high court and notice have been issued to Police. But I am not getting anydate after it and have been checking high court website daily to find out about it. Why the fixed dates are not given in high court? and what can I do under this condition. If my wife start coming in trial court, what will happen to my quash case? will I get atleast speedy trial? Regards Mani


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 2 Replies

Rajaramana RV (Employee)     24 July 2013

Dear Mani,

When did your chargesheet fall for the case? Did you get summons at home for attending after chargsheet. How many time haves you attended trial court? 

Well ask your lawyer when is next date on High Court. High court must have given the date alreasy. Ask your lawyer to visit the hIGH cOURT. For speedy trial, high court can be approached with an application. Always ask your lawyer to say before the trial court judge that wife is not interested in pursuing the case, Try these strategies and let me know. Can you tell the forum what your lawyer has done so far in the case so they can guide you better. Specifics are better for guidance

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 July 2013

Well, moot point first, was the complainant summoned for standing witness?

 

Next moot point, was the summoned served.

 

If both of the above was done, then you should have got warrants issued against the complainant for non-appearance from the trial court itself.

 

Now also in HC, you should ask for speedy trial as an alternate remedy, becausse I doubt on this ground alone, the HC would quash the case.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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