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Abhinav Neel (Manager)     20 December 2010

Suggestion on 498a Quash

Hello Members,

We have been slapped with 498a, 3&4 of DP Act. No point to mention here as how abusive these dowry laws are in india and not to mention misuse of it.

As soon as we learned about a FALSE case, we filed quash on FIR in High Court and we got interim relief in terms of no arrest. It's been 17 months since this is in pending and in between police have filed Charge Sheet (As the interim order was 'Not to arrest but rest of the investigation can go on'). Now, my question is "Will the FIR quash can still be valid to fight in HC OR do we need to move a fresh Quash on Charge Sheet  in High Court to avoid attending Lower Court proceddings. ?

 

We have sufficient proofs to show that except for A1, rest of the family members were staying a separate shelter and one of the accused was even residing in UK at the time of filing the case and alse during matrimonial period.

 

Lower Court judge is insisting for appearance even before 498a quash on FIR is pending in High Court. Please suggest and looking forward for your valuable suggestions.

 

- Figh Against Misuse of Dowry Laws.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 December 2010

You have sought for quashing of FIR meanswhile chargesheet is filed so HC petition becomes infractuous.  Take a bail in the trial court and apply for dishcharge in the Lower Court, if your application is rejected then file a writ on that order.

SRISHAILA.DHARANI (Advocate&consultant)     29 December 2010

File an interim application in the high court matter[quashing proceedings]   for  staying the lower court proceedings.If the proceedings are stayed, you need not appear before the lower court.

srishaila
, bangalore, 09741425514, sdharani120@gmail.com


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