Legal Question in Criminal Law in India

hello sir, We have a proceeding of the case in the first class magistrate court, calicut. my brother is hadicapped, deaf & dumb. we stay in bangalore. before the marriage the girl agreed to marry my brother. however after marriage, she was not compatible according to our customs & family. she went back for ramzan to her native. she stayed with us only for 1 month. later she never returned. later after 5 months she filed a harassment case woth the police under IPC 498a. since then we have been having sleepless nights. she has lodged the complaint against my parents & brother, whereas she was not there at my home at all. she has also made a false document from dosctor that she was physically assualted. later we compromised the matter for 90,000/- as a permanent alimony. there were 2 cases. one in family court calicut & another 498a case. we paid a sum of 80,000/- & asked her to withdraw the family court case, however her lawyer said that we have to appear in front of court to close the 498a case. we promised to pay 10,000/- once the 498a case is closed. we have even submitted divorce to the girl in her area mosque. now we have received summons to appear in the court however we received it after the hearing date. which is wrong. now i need advice from your side. my parents are aged & cannot travel to kerala. is there a way to withdraw / quash the case. we haven't attended the court even once. we are scared that the police will harass us. we are ready to pay the balance amount to the girl but want the case to be closed without our presence. please assist us what would be the next step. any help is greatly apprecieted. thanks


Asked on 9/03/09, 2:27 pm

2 Answers from Attorneys

whether you made any compromise deed with the girl or took any affidavit from girl?

Whether you divorce her or nor?

Plz explain only then i can guide you. Quashing can be done but after knowing these questions or if the girl is ready to appear in High Court.

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Answered on 9/03/09, 11:31 pm
Shrichand Nahar S.V.Nahar, Advocate

Consider approaching high court.

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Answered on 9/07/09, 5:24 am


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