Quashing of 498/A
My ex-wife filed FIR case in July 2007 against me, My Father and Mother, My
Sister and my younger Brother u/s 406, 323, 506, 498/A IPC and u/s 12 and
20 of the Protection of women fromDomestic violence act, 2005 and u/s 125
CrPC for the grant of maintenance at Faridabad, Haryana.
We married in year 1998, I was arrested in year 2007 under judicial custody
for about 5 days then was released on bail and my other 4 family members
also got bail in the process.
All the settlements for Alimony, Stridhan, Custody of Son etc was
compromised and settled under memo of settlement and divorce decree granted
by mutual consent on 05/06/2008. It was clearly mentioned in MoS that she
will co-operate in all respect for quashing of all cases in High Court.
Thereafter we moved and filed for quashing of criminal cases in high court
Chandigarh in Dec 2009, the case there was not quashed due to ex-wife did
not show presence in high court, in Dec 2010 HC issued notice and gave a
direction to exempt the accused person from personal appearance if an
application to that effect is filed by the counsel.
Thereafter petition was filed in Supreme Court for quashing but was
dismissed without any contentious remarks by SC in Nov 2012.
After SC dismissed, it was missed out by my Counsel due to his negligence
and lack of knowledge on my part to file an appeal for discharge from the
case in Faridabad court as per the directives by HC.
In year 2014 chargesheet was filed in trial court, Faridabad, which I got
to know now in Feb 2016 when I received summons issued by Faridabad court
for all 5 persons and hearing is in Mar 2016.
I got married again in year 2008 and blessed with a Daughter who is 6 years
Request you to advice me that what is the procedure to get the case
- Can I file appeal for discharge in the Faridabad court now, in spite of
the trial of case has started.
- Can I file again in High Court for quashing now or during the trial