1. You file the counter cases also and alongwiht the same you may move to the HC as well for quashing of the FIR.
If sufficient evidences are there then you may get relief also, not getting a relief is not a hard and fast rule.
Regards
Section 498A
My wife has made a complaint for section 498A against my parents and me. Needless to say the are false. Further I have more than adequate evidence to disprove her case. I live in Noida and the marriage took place in Meerut which is her hometown. I have conaulted a few lawyers and this is the option rendered to me: 1) quashing of case in Allahabad High Court. Advice given: High court most probably will not quash as it is most likely to say it too early as trial hasnt even begun. Further, there is an outside chance that High Court may put a stay on the case. Most likely outcome, my parents being senior citizens would be given exemptions from the case leaving only me to fight the trial basis merit of the case. 2) Revision of the case Advise given: The Judicial Magistrate may be requested to revise case (whatever that means.. read need explanation). 3) Trial of case basis merit Advise given: Since adequate evidence is on record for disproving the case case can be fought basis the merit But, the Magistrate may decree paying Rs. 15000/- a month to my wife till trial is in process. Further, an offensive line in addition to the defensive line of action is recommended 1) Counter Suit for Harrasment 2) Counter suit for civil defamation as her mother has been calling family friends and defaming my family and me. 3) proceeding with divorce proceedings. What I want to know are the recommended line of action, Probability of success and other better line of actions
Asked 7 years ago in Family Law
Religion: Hindu
9 Answers
1. Well, revision has no applicability in this case and I am not sure on what basis it has been advised.
2. Once the charge sheet is submitted you should file a quashing case to try your luck. There is no harm in it and it is worth trying.
3. If it is not allowed then file a discharge petition in the lower court.
4. Counter suit is advisable if the circumstances so demands. It is not advisable to file false case.
1) quqshing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR pending completion of investigations
3) wait for filing of charge sheet
4) then file for discharge in lower court if there is no evidence against you
5) in alternative contest the case
6) 80 per cent of dowry harassment cases are false and end in acquittal
7) for maintenance wife has to file separate case . it depends upon your income , wife income , standard of living etc
8) counter case of defamation can be filed
1. See firstly you may go for quashing there are chances you will get stay on the trial and court may also appreciate evidence of any direct and can quash the case. But you should try the option of quashing
2. Revision of case at this stage not possible.
3. See trial shall be last option if quashing doesnot succeed there is option of discharge after chargesheet .
4. Harrasment and defamation case can be put when there are strict proof of same as at this stage your trial is going on.
So of there is proof of defamation then a civil suit claiming damages and defamation complaint agaisnt her mother can be filed.
5. As far as divorce is considered it can be filed .
Dear Client,
If ample evidence on record than police shout have filed closer report, file protest petition against charge sheet.
Next available option file discharge application and if rejected than file quash petition in HC, HC Can’t Refuse Quashing of Proceedings Merely on the Ground That Trial has Already Begun and so when trial hasnt even begun.
Challenge the maintenance order in appeal.
Filling false cases valid ground for divorce.
quashing you can try your luck if it has merits it will be quashed. Discharge before trial court. or settlement with wife and then mutual quashing. Final remedy trial and acquittal on merits.
Depending upon the time of your marriage please note that following are there replies as per your question
1. it will be a good idea to go to the high court and pray for quashing of 498 a FIR and hopefully you will get stay from arrest from the high court during the pendency of the case including your parents
2 the revision from the magistrate may not be a possibility
3. It is not necessary that the claim amount of maintenance will be allowed by the court depending upon the social and economic condition about the parties the amount is fixed by the court however she can claim any amount depending upon your salary if we can provide the detail of your salary income.
4. The police report in this regard will be filed in court and court will take cognizance as per the police report if police find these allegations as wrong then definitely you will come clean
Filing a quash petition at this stage may not maintainable and you may not get a fruitful result.
What is revision that you are referring here?
There is no question of sanctioning maintenance amount in the 498a case.
Since you are confident that this is a false case and you have supporting evidence to nullify her allegations, you may challenge her case on merits before the trial court itself.
1. Even at the pre-trial stage the FIR can be quashed by the High Court if the parameters of quashing are fulfilled.
2. Judicial Magistrate has no authority of law to revise his orders. His orders are to be challenged before the higher courts.
3. The offensive line would be counter productive. Where is the basis to seek damages through a civil suit unless the case is either quashed by the HC or you are acquitted at trial with a specific finding in your favour that case was filed with malice?
