Won rcr, divorce, mc, but 498a pending

Originally posted by : 498aVictim
	Dear Sir, Members - Divorce obtained 2 years back, RCR 6 months back, Maintenance case dismissed for default. Discharge petition under 239crpc is pending on 498a in lower court. Argument completed by my lawer, but APP is not responding for last one year. Now Judge might have forgot all the key points during arguments by my advocate. No body is following up except myself and my parents. it has been 3 years since 498a. what would be the better approach to dismiss 498a? 1. should we move to high court after discharge orders from lower court? 2. Given the above trend in all cases, will HC/SC will consider the petition that this is definitely an unnecessary case filed by police for the sake of filing? EX-wife is not pursuing any case and results from all cases are evident. 3. any references from HC/SC - to file under section 482 at HC? 4. my mom is not well, and am not interested in running the case for another 5 years in lower court. ex-wife side is also not coming up for settlement and vanished from the place. Kindly advise your thoughts. thanks.

What is the opinion of your advocate?  Can you specify?

What all you are writting divorce obtained 2 years back and RCR 6 months back? first clarify your facts. The divorce is not only ground for quashing or discharging the accused husband and other relatives in section 498a IPC criminal complaint case. The High Court shall go by the compromise between both parties for quashing the FIR and for discharging the trail court will go by the avaiable documentary evidence avaiable in the case file to determine if there is a ground for charging the accused or discharge them of the criminal complaint case.

The lengthy litigation by you where you although got divorce, you could not think of compromising the dispute with her, think now of paying compensatory amount for her to agree for getting the FIR quashed in the HIgh Court.

Originally posted by : Vijay Raj Mahajan
	What all you are writting divorce obtained 2 years back and RCR 6 months back? first clarify your facts. The divorce is not only ground for quashing or discharging the accused husband and other relatives in section 498a IPC criminal complaint case. The High Court shall go by the compromise between both parties for quashing the FIR and for discharging the trail court will go by the avaiable documentary evidence avaiable in the case file to determine if there is a ground for charging the accused or discharge them of the criminal complaint case. The lengthy litigation by you where you although got divorce, you could not think of compromising the dispute with her, think now of paying compensatory amount for her to agree for getting the FIR quashed in the HIgh Court.

Sir - all the cases were running in parallel and closed in the order divorce (filed by me), rcr (filed by her), mc (filed by her). all the cases she appeared for first few months and disappeared after that. we are ready for settlement for last 3 years through various people, but they are not coming down for settlement at all. they are not coming to any court although cases were filed by her. 

Originally posted by : Adv Raj Malhotra
	Originally posted by : 498aVictim Dear Sir, Members - Divorce obtained 2 years back, RCR 6 months back, Maintenance case dismissed for default. Discharge petition under 239crpc is pending on 498a in lower court. Argument completed by my lawer, but APP is not responding for last one year. Now Judge might have forgot all the key points during arguments by my advocate. No body is following up except myself and my parents. it has been 3 years since 498a. what would be the better approach to dismiss 498a? 1. should we move to high court after discharge orders from lower court? 2. Given the above trend in all cases, will HC/SC will consider the petition that this is definitely an unnecessary case filed by police for the sake of filing? EX-wife is not pursuing any case and results from all cases are evident. 3. any references from HC/SC - to file under section 482 at HC? 4. my mom is not well, and am not interested in running the case for another 5 years in lower court. ex-wife side is also not coming up for settlement and vanished from the place. Kindly advise your thoughts. thanks. What is the opinion of your advocate?  Can you specify?

my advocate told me that we will try in High court, but before that should try in lower court through discharge petition. discharge petition has taken 2.5 years till no orders yet. next is to move to HC, and then eventually to return to lower court. He is not sure about timeline, might even take 10 years is what junior hinted. so, am not sure what is the purpose of going to HC when it has to come back to lower court again. Initial days, i was told this is cake walk, he will get discharge for both me & parents, then he told only for parents, now he is telling not sure about any results. so, i am pushing not to go for HC, but given this trait of Ex-wife, am hoping at least she will come settlement if we move to HC. but clueless....on next steps. thanks. 

Even if the trail court doesn't discharge all the accused, the chance for getting matter settled in High Court is there as the notice of the Hindu Court will definitely be sent to your ex-wife to appear and give her stand there, if she fails to appear in spite of being served with court notice, the High Court considering the present situation of the matter may quash the FIR and related matter pending in the subordinate court.

Originally posted by : 498aVictim
	Originally posted by : Adv Raj Malhotra Originally posted by : 498aVictim Dear Sir, Members - Divorce obtained 2 years back, RCR 6 months back, Maintenance case dismissed for default. Discharge petition under 239crpc is pending on 498a in lower court. Argument completed by my lawer, but APP is not responding for last one year. Now Judge might have forgot all the key points during arguments by my advocate. No body is following up except myself and my parents. it has been 3 years since 498a. what would be the better approach to dismiss 498a? 1. should we move to high court after discharge orders from lower court? 2. Given the above trend in all cases, will HC/SC will consider the petition that this is definitely an unnecessary case filed by police for the sake of filing? EX-wife is not pursuing any case and results from all cases are evident. 3. any references from HC/SC - to file under section 482 at HC? 4. my mom is not well, and am not interested in running the case for another 5 years in lower court. ex-wife side is also not coming up for settlement and vanished from the place. Kindly advise your thoughts. thanks. What is the opinion of your advocate?  Can you specify? my advocate told me that we will try in High court, but before that should try in lower court through discharge petition. discharge petition has taken 2.5 years till no orders yet. next is to move to HC, and then eventually to return to lower court. He is not sure about timeline, might even take 10 years is what junior hinted. so, am not sure what is the purpose of going to HC when it has to come back to lower court again. Initial days, i was told this is cake walk, he will get discharge for both me & parents, then he told only for parents, now he is telling not sure about any results. so, i am pushing not to go for HC, but given this trait of Ex-wife, am hoping at least she will come settlement if we move to HC. but clueless....on next steps. thanks.

Your wife has filed some case on you which is dowry case.  This case is like any other case.  If any case is filed against some person and the person who filed the case itself is not attending the case for years together, then it is the duty of your advocate to get the petition of your wife dismissed.  This can happen in only the court in which the case has been filed.  For this HC wont intervene.  Your advocate has already spoken to some HC and spoke commission for referring the case.  Hence he is hinting to go to HC.  Even if you go to HC, it is not that the HC advocate will file a petition for dismissing the case of your wife in the lower court.  They will surely file the petition or some cases are there where advocate simply did not file the case at all.  Even if the HC advocate files a case like that, the HC will in the end say, this matter is left to the lower court and dismiss the petition it got.

Change your advocate.  Hire some junior advocate who can file a petition on your behalf asking court to dismiss the case filed by your wife.  Usually junior advocates will fear doing like that, as they are inexperienced.  If you want I can guide you.  I will charge nominal fee for guidance.  Think and let me know.