Legal Question in Criminal Law in India

Desperate Help needed - quashing 498A in Jaipur High Court

1. Wife filed 498A + 406.

2. Got bail after paying her money and getting 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. However, the court put that agreement on its records.

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

Girl refused to file a joint quash petition. She became hostile.

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

agreement. It also stayed the lower court proceeedings.

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

appear in HC.

8. Girl's laywer appears in HC after we got a ''dasti'' notice.

9. After a few delays, the matter is final coming up for hearing on

Dec 4th. My HC lawyer tells me that this particular judge calls both

the girl and boy and then only quashes the case. He wouldn't quash the case just based on that agreement.

10. Since the girl has turned hostile, I don't expect her to make any nice statements in front of HC

What are my options , Am I completely hosed? Do I have any

chance whatsoever in HC? Or am I condemned to fight in lower court


Asked on 12/03/07, 12:55 pm

8 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Desperate Help needed - quashing 498A in Jaipur High Court

Appear before judge and state above facts

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Answered on 12/09/07, 8:43 am
G. M. Gupta gmguptaandassociates

Re: Desperate Help needed - quashing 498A in Jaipur High Court

there are some recent judgemnts from supreme court and high court of delhi that failed marriages dont give rights to girls to harass the in laws and these are not recovery proceedings. check them out.

we can provide judgements on payments and if details of case are provided

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Answered on 12/08/07, 10:13 am

Re: Desperate Help needed - quashing 498A in Jaipur High Court

In such given cir cumstance you donot have any option but to fight the case in lower court.There are ways to put the pressure on girl for which you have to contact personally with all details.Agreement is required to be examined.Professional charges are applicable.

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Answered on 12/03/07, 9:13 pm

Re: Desperate Help needed - quashing 498A in Jaipur High Court

In such given cir cumstance you donot have any option but to fight the case in lower court.There are ways to put the pressure on girl for which you have to contact personally with all details.Agreement is required to be examined.Professional charges are applicable.

Read more
Answered on 12/03/07, 9:13 pm

Re: Desperate Help needed - quashing 498A in Jaipur High Court

In such given cir cumstance you donot have any option but to fight the case in lower court.There are ways to put the pressure on girl for which you have to contact personally with all details.Agreement is required to be examined.Professional charges are applicable.

Read more
Answered on 12/03/07, 9:13 pm
mrugank patnaik msnp

Re: Desperate Help needed - quashing 498A in Jaipur High Court

suggestion-

appear before judge and state your case plainly,simple,truth.judge will convince and take appropriate step to close the case.

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Answered on 12/03/07, 11:12 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Desperate Help needed - quashing 498A in Jaipur High Court

I would strongly advise you to appear before the judge with the help of good lawyer. Present your case in a straight forward manner and reveal the truth behind the case. I am sure the judge will understand and will take the necessary steps to close this case.

All the best !

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Answered on 12/04/07, 12:00 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Desperate Help needed - quashing 498A in Jaipur High Court

Since offence U/s.498A is not compoundable, you can not insist on either the trial court or the high court to compound or quash the offence.

If you have a good case on merits for quashing, you can proceed with the matter. Else, you will be required to face the trial.

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Answered on 12/04/07, 12:12 am


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