Legal Question in Criminal Law in India

498A quash in Jaipur high court

SYNOPSIS

1. Wife filed 498A.

2. Got bail after paying her money and getting an agreement (on stamp

paper validated by witnessses from both sides) to finish the case.

3. Filed for mutual consent divorce.

4. Chargesheet filed in trial court. The court refused to end case

based on agreement, citing that 498A is non-compoundable.

5. Filed quash application in Jaipur HC based on that agreement.

Girl refused to file a joint quash

petition.

6. HC issued notice to the girl to appear to validate the

agreement. It also stayed the lower court proceeedings.

7. The girl didn't accept the notice. The official response was given

that at the time of delivery of notice, the girl was not present.

8. Girl's family started asking for more money for the girl to

appear in HC.

9. HC issues a 2nd notice. Girl again ''avoids'' that notice as

before.

QUESTIONS

1. What are my options here? Can the HC issue an ''ex-parte''

judgement due to non-appearance of the other party?

2. How long can she keep on avoiding HC notices?

3. Can we somehow ask the HC to issue a stricter order to ensure

the girl cannot evade it?

4. If and when the girl appears in HC, can she go back on

that agreement or give some statement that can harm my case


Asked on 7/11/07, 7:22 pm

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 498A quash in Jaipur high court

In a petition for quashing of criminal proceedings, the High Court is required to decide the matter on merits and not by an agreement between the parties. A criminal proceeding can be quashed in the event of failure of prosecution to make out a prima facie case after taking all the allegations of the prosecution at its face value. For decision on quashing, the High Court can not and need not wait indefinitely for appearance of victim of offence despite notice.

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Answered on 7/12/07, 2:36 am
Alok Sharma Alok Sharma & Associates

Re: 498A quash in Jaipur high court

No exparte in criminal cases. No time limit...she can delay till HC is satisfied that she is avoiding. You can always ask HC to be strict.Your apprehensions are true...she cant be forced and can go back on agreement. These are criminal proceedings in a non-compoundable case. However, the HC in the exercise of inherent powers can quash the proceedings if it is satisfied that ends of justice require such an order.

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Answered on 7/13/07, 11:06 am
G. M. Gupta gmguptaandassociates

Re: 498A quash in Jaipur high court

it all depends on ur advocate that what decision comes out because the order depends heavily onthe circumstances in the court and arguments of the advocates.

inthe given circumstances normally the court should issue warrant against the lady and on appearance it will ask her the questions it want to ask.

ur problems may enhance but her case will become weak too.

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Answered on 7/12/07, 11:47 am
ramesh siroya

Re: 498A quash in Jaipur high court

you should show the copies of the divorce petition which is filed by consent and also point out from that there is not a whisper about the harrassement by you in the said petition. also inform the hon'blehigh court about the extra money, the girl is asking for appearing there. request for notice to be served by pasting at her present address you may get the crminal case quashed.

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Answered on 7/14/07, 3:21 am


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