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rajiv rajan (rr)     02 February 2013

Regarding discharge in 304b and 498a

As my brother wife commit suicide by hanging. I am co-accused of that case. below are facts of the case 

should I go for discrage or quashing of charge sheet in HC in below mentioned facts for Me only.

 

Below is listed brief facts regarding a case of dowry death reg. as 304B, 498A, DP34 act 
against husband , brother (Me) and mother  family (total 3) –(all get regular bail)

Case of 304B and 498A 


According to PM report deceased has committed suicide by hanging. There is no anti-mortem 
injury. Also in Suicide note it is mentioned that due to my illness i am committing suicide 
and there is no involvement of my sasural and mayakaya.

Husband was through-out remain available on the day of incident. FIR has been made after eight 
days

Husband was living separately far-away from her matrimonial house and me and my mother never visited the place. But parents of my Bhabhi are regularly visit the place. Also mention in chargesheet.

Husband had very good financial condition, demand of dowry doesn’t seems sustaining against 
the documentary evidences he has like –

i She was nominee of LIC on husband.


Complainant side has give some photograph taking at the time of marrige no other any evidence other than oral testimony.

There is previous record regarding ill-treatments. As girl is patient of Schizophrenia (a type 
of mental disorder) from childhood all the medical papers related to this is available. 

There is no specific charge of cruelty in the statements of in-laws except demand of few lacs.
at the time of marriage FIL write in FIR that i am giving X lacs of amount but not mentioned 
that that are asking for money. 

I am also married and my marrige taken after six months of my big brothers marriage. I am emlpoyed in good company with good salary. I have no connection with that case but my name is mentioned in FIR.

Kindly Suggets me

Thanks.

 

 



Learning

 2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2013

As per my view you must go for quashing of FIR while considering the facts you are telling. For further details or help u can contact me.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 February 2013

go for quashing chargesheet before hc u/s 482 of Cr.PC


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