• Suffering from false 498a

My wife filed a false 498 against me and mother and also against one girl.that girl is quashed by high court immediately. also we have filed a appeal in hc for quashing and setting aside the fir but later chargesheet has been filed by police.then we also applied for amendment of prayer clause n same is allowed & hc stayed the cc case . then her layer asking the court for meditation. it was also failed due 2 their wrong demand .now the matter is admitted by hc and listed for more detail hearing..
can hc quashed my criminal case?as their is no demand of dowry in the fir/chargeshhet .
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

quashing is to be done only in exceptional circumstances by HC

2) if allegations made in FIR do not disclose commission of any cognizable offence HC can quash the FIR

3) inherent powers u/s 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

if you are having an extra marital affair with a lady it would amount to continuous acts of cruelty and would fall within ambit of 498A

2) inform the court that no settlment is possible

3) if your wife has malinged reputation of girl then defamation can be filed by girl against wife

4) if false allegations are made by wife let your wife face the music .

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1.As per recent order of supreme court adulyery is nt enough to get divorce though it is still a ground for 498A case if with this other kinds of trtures are also added.

2.Do not wait for the settlement. If the court is in mood for quashing the case get the quashing done.

3. You have no control over the defamation case and hence you can not settle it.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you can raise plea of jurisdiction if entire cause of action has arisen in akola then yavatmal would not have jurisdiction

2) you can file for quashing if you so desire

3) contest the maintenance case filed by wife

4) divorce case would be transferred by HC from akola to yavatmal as generally wife convenience is taken into account

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

it was also failed due 2 their wrong demand .now the matter is admitted by hc and listed for more detail hearing..

can hc quashed my criminal case?as their is no demand of dowry in the fir/chargeshhet .

The advantageous situation is that one of the accused has been discharged from this case.

The next thing that the HC admitted the matter and has listed the case, this is another progress.

Now you have to put forth your arguments based on the documentary evidences and merits in your case.

Possibilities are bright in your favor.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

THIS CRIMINAL CASE AT UR OWN COST .IM NOT READY TO INTERFERE WITH THAT CASE.SO WHAT CA I DO IN THIS SITUATION? REQUIRED YOUR KIND SUGGESTION ? PL HELP ME.

Asked 5 days ago

The situation seems to complicate and going out of control even if the girl sid is coming for a compromise.

However having an affair with girl outside marriage will not attract cruelty and the provisions of 498a moreover the incidence is reported to have taken place in a different place.

Thes lacuna in prosecution shall be beneficial situation to you, hence dont worry even if she is not coming down for compromise.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

In my case there is sheer violation of territorial jurisdiction can i get any benefit of that point during quashing?

This is an advantageous situation, you can argue on this point strongly.

kindly suggest the proper way to deal in that matter. after the registration of fir one another case of maintenance crpc 125 is filed.and allegations in that case again extended that we are asking dowry and beating her regularly. with these allegations they again moved to HC and filed mic application for transfer of divorce case from akola to yavatmal same was pending at HC now.matter was stayed now.pl give your valuable suggestion what to do now ???

The subsequent developments in this case shall not hinder the progress for all your moves to quash the criminal case.

You have strong merits especially territorial jurisdiction and the wrong provisions of law in the criminal case. In fact she cannot file a criminal complaint against you for adultery offence, there is no provision in law hence she has taken the route of cruelty.

You can cling to your advocate and move forward as per his advise.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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