• Quashing of 498A

The case started around 2011 and is at a District level Court of Chinsurah, West Bengal
My Father 75 year old (mama to main accused) is a co-accused in a case of 498A as a family member of the husband and is on bail. Our family is my father, mother and we are three brothers. My elder brother works in defense services and myself  in Private service  in Maharashtra and my younger brother who is a handicapped person (mentally challenged) stays along with my parents in West Bengal . Myself and my elder brother are happily married for more than 15 years. My father and mother both are suffering from age related ailments. My father is a retired defense personnel and we reside around a distance of 1 to 1 1/2 hour distance from the house of main accused.

My father being the eldest of the siblings visit occasionally to his sister's (mother of main accused) house another co-accused and widow and age is around 65 years spent around 15 days in Jail for this 498A.

My Cousin Brother (main accused) killed himself in 2012 after spending 3 months in Jail after the filling of 498a and related provisions against him after a marriage of 12 years and a child of 10 year. Previously he was under treatment of psychological problem for more than three years caused mainly due to matrimonial reasons. The treatment was under a private practitioner (A Qualified Dr.). 

My Cousin sister(younger sister of main accused) another co-accused in the case and married to the brother of complainant (wife of main accused). Every thing started after her husband a defense personnel (brother of the complainant) filled a divorce petition against her. She is now residing with my aunty. Both my cousin brother and sister are married on the same date with the complainant siblings.

The other co-accused are the elder sister of the main accused and her husband.

I don't understand how my father is a co-accused, why the case is still lingering on for more than 5 years even after the suicide of the main accused . Till now only the witness of the complainant is over and other witnesses are going on the next appearance date falls almost after every six months.  My father says until now he has not been given any chance to put forward his points and our advocate also do nothing except hearing what the complainant side said. I don't know whether this is how a Court operates. I don't understand how the question of dowry arises when we have two pairs of siblings married to each other. I don't understand why the lawyers are not interested in relating  case of 498A , the divorce case, and the suicide case together. My father has lost his patience . He is worried about his sister and my cousin sister and because of this our everyday life is also very much disturbed .Can  any genuine lawyer help me or anybody can suggest me a good lawyer or can also suggest the due course of action from our side for the case. 

Also the police filled in its report that when they came to our house  to arrest my father he was absconding but none of them came to our house at all and my father is a permanent resident of that area drawing regular defense pension.
Asked 2 years ago in Criminal Law from Hugli Chinsurah, West Bengal
Religion: Hindu
1. Well the contents have several loopholes.
2. The charge sheets also supports the case of quashing.
3. Apart from these there are many factors which can be considered for quashing for which the contents of the charge sheet will have to be seen.
4. So without seeing it ni further advice can be given.
Feel free to contact if you are from Kolakata.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

The court is following the procedure established under the law. The trial has not yet started, so the question of an opportunity being given does not arise in the first place. You can move the HC for quashing of the case on merits. Show the FIR and all other case related documents to a lawyer to know the way ahead. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) there are number of lawyers on this website from West Bengal 

2) you can contact any of them

3) mr Ganguly and mr Barman advocates both are from Kolkata 

4) 498A cases take between 5 to 10 years to be disposed of

5) death of one of the accused persons won't put an end to the case . It can proceed against other co accused 
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

1.  The 498A case should have been disposed of with in 5 years,

2. Let your lawyer move a petition for expediting the case and ask for short date each time,

3. After your cousin's committing suicide, did you lodge a police complaint against his wife alleging that she has driven him to commit suicide? 

4. However, your case largely depends on the efficiency of your lawyer,

5. Since you are visiting the local court regularly to attend the case, select a better lawyer for the said court after witnessing is court performance personally.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

You have narrate the tale elaborately but have not asked any clarification through this post.
However it seems your father has been dragged into the case  and the same is going on never ending basis.
The procedures of court are so that one cannot help the inordinate delay and the suffering caused due to this.  If you are so much concerned by this delay, you may file a petition before high court for speedy disposal of the same.
T Kalaiselvan
Advocate, Vellore
35643 Answers
386 Consultations

5.0 on 5.0

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