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.