Legal Question in Criminal Law in India

quasging of 498a by using 125 cr .p.,.c, is possible.pl answer

498a registered against me. charge sheet submitted. but maintenance case under 125 cr .p.c filled by wife dismissed. can i go for quashing of 498a which will come up for trial very soon.


Asked on 6/14/08, 12:40 pm

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: quasging of 498a by using 125 cr .p.,.c, is possible.pl answer

No its not possible both of them are different proceedings.

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Answered on 6/16/08, 4:18 am
Shrichand Nahar S.V.Nahar, Advocate

Re: quasging of 498a by using 125 cr .p.,.c, is possible.pl answer

Mere dismissal of 125 proceedings can not be a ground for quashing of 498-A.

If evidence of your wife was recorded in 125 proceeding having impact on 498-A also, then you may consider.

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Answered on 6/15/08, 1:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: quasging of 498a by using 125 cr .p.,.c, is possible.pl answer

No both are different proceedings

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Answered on 6/15/08, 4:57 am
G. M. Gupta gmguptaandassociates

Re: quasging of 498a by using 125 cr .p.,.c, is possible.pl answer

dismissal of 125 is no ground of quashing..

i need to see all details for advicing on this issue

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Answered on 6/16/08, 9:05 am


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