Wrong jurisdiction of 498a

It's not discharge and it's quash as you are the only one accused in it. The quashing can be done in HC. Wife has right to file cases wherever she resides because of our wife-biased laws.

Hi NM,

Quashing is prayed in the Highcourt u/s 482 CrPC( Criminal Procedure code). Though Quashing is difficult still i feel if properly argued Quashing can be done. I assume your 498A FIR is lodged in the same state where you live and hence you can pray to the same state High Court.  Refer Judgement  Y Abraham Ajith v/s Inspector of Police for Quashing based on Jurisdiction. In this case Madras High court had quashed the case owing to Chennai MM having no Jurisdiction and still taking Cognizance and issuing Summons.  If there is some other judgement i can get hold of i will send them too. Carefully read your FIR and determine which places has your wife mentioned that she was subjected to torture/harassment as that would determine the cause of action and jurisdiction. Read sections 177 CrPC until 188 CrPC as they talk about Jurisdiction of criminal cases.

With due respect and no offences , keep a watch on opposite side lawyer and your lawyer actions as it seems wife backtracking during ongoing MCD, taking back streedhan and then instigating bogus cases seems handiwork of her family members support and most likely both side lawyers planning this too to extract money so as to frustrate and harass you and make you bend over the extortion tactics. I am personally a victim of it and had to change one of my lawyers after confronting him. One of my best friends is exactly the same case as yours i.e wife backtracking and now for 2 or 3 times despite trying for MCD again she just using extortion tactic and raising the settle amount every time. In his case too we found out it were the lawyers who are running the circus :(.

When you apply for Quashing , please add in your prayer to request My Lordship of Highcourt that in case Quashing is rejected, altrernately either pray for speedy trial order i.e High court will give order to finish trial in 6months. Check if in same application you can pray for transfer of your 498A to your place as most likely the cause of action/allegations would have mentioned that it arose in your area. For transfer thing ,try speaking to few lawyers if it can be prayed in same application. 

Lower court may be reluctant to give you discharge petiiton now as charges are already framed. if you know that all charges are  vague and despite that Lower court has taken cognizance and framed charges you know very well why you won't get discharge . So pray to My Lordship in High court and go for Quashing.

Legal cases in our Country are time consuming and costly so if possible try for settlement if it happens else fight. Laws are women oriented and despite cases being false they aren't punished. So keep doors open for settlement wherever possible else FIGHT and teach her a lesson. It's your decision and we all stand by you.

Please feel free to write if you need anything.

Hi NM,

Quashing is prayed in the Highcourt u/s 482 CrPC( Criminal Procedure code). Though Quashing is difficult still i feel if properly argued Quashing can be done. I assume your 498A FIR is lodged in the same state where you live and hence you can pray to the same state High Court.  Refer Judgement  Y Abraham Ajith v/s Inspector of Police for Quashing based on Jurisdiction. In this case Madras High court had quashed the case owing to Chennai MM having no Jurisdiction and still taking Cognizance and issuing Summons.  If there is some other judgement i can get hold of i will send them too. Carefully read your FIR and determine which places has your wife mentioned that she was subjected to torture/harassment as that would determine the cause of action and jurisdiction. Read sections 177 CrPC until 188 CrPC as they talk about Jurisdiction of criminal cases.

With due respect and no offences , keep a watch on opposite side lawyer and your lawyer actions as it seems wife backtracking during ongoing MCD, taking back streedhan and then instigating bogus cases seems handiwork of her family members support and most likely both side lawyers planning this too to extract money so as to frustrate and harass you and make you bend over the extortion tactics. I am personally a victim of it and had to change one of my lawyers after confronting him. One of my best friends is exactly the same case as yours i.e wife backtracking and now for 2 or 3 times despite trying for MCD again she just using extortion tactic and raising the settle amount every time. In his case too we found out it were the lawyers who are running the circus :(.

When you apply for Quashing , please add in your prayer to request My Lordship of Highcourt that in case Quashing is rejected, altrernately either pray for speedy trial order i.e High court will give order to finish trial in 6months. Check if in same application you can pray for transfer of your 498A to your place as most likely the cause of action/allegations would have mentioned that it arose in your area. For transfer thing ,try speaking to few lawyers if it can be prayed in same application. 

Lower court may be reluctant to give you discharge petiiton now as charges are already framed. if you know that all charges are  vague and despite that Lower court has taken cognizance and framed charges you know very well why you won't get discharge . So pray to My Lordship in High court and go for Quashing.

Legal cases in our Country are time consuming and costly so if possible try for settlement if it happens else fight. Laws are women oriented and despite cases being false they aren't punished. So keep doors open for settlement wherever possible else FIGHT and teach her a lesson. It's your decision and we all stand by you.

Please feel free to write if you need anything.

https://www.lawyersclubindia.com/forum/Difference-between-Discharge-and-Quash-26597.asp

https://tilakmarg.com/answers/quashing-of-charge-sheet-by-high-court-or-discharge-by-trial-court/

Hi NM,

a) Though 498A is lodged in different state where she is working now , can you tell me which place has she mentioned in her FIR that the alleged atrocities took place. I assume its the matrimonial home i.e  your state  where you and she lived together ? Is that right ?

b) Has she mentioned that you also continued the alleged atrocites where she is doing her job now OR the complaint is only restricted to your state?

If all the things what you said are true to the letter, then the better course is to file quash in HC under Section 482 cr.p.c. onthe following grounds: 1.  First investigation could not find any thing against you.  2.  Reinvestigation also reached to the same destination.  3.  Court's framing the charges without evidence (assuming in these two investigations nothing was brought against you) is illegal.  4.  The court has no territorial jurisdiction on the basis of the allegations made in the complaint and FIR.

Samarpan

Once MM frames charges, discharge petition does not lie but revision before ASJ lies.  Even then S.482 cr.p.c. is the better option.