Legal Question in Criminal Law in India

Sir/Madam,

I am a Muslim Govt employ ,I was married to a Muslim Govt empoly lady in oct,2007 ,but the lady was arrogant from the day one, final I posted Divorse to her in Nov,2009, which she refused to accept. Now in the oct,2010 she filled a case for Restitution of Conjugal right, & in same month just within a week she filed 498-A & 406 case against me & against my whole family in Womens police station, which final culminated into challan in CJM Court in the month of Dec,2010 & the challan was filled against me only .During the poIice investigation I & my whole family were on bail, we applied in High court for Quashment of FIR ,which later withdrawn by my advocate after challan was submitted in CJM Court. The Case is in CJM Court for discussion to see wheather the charge is to be framed or not. Moreover the Lady has also filled Crpc 488 for baby as she her self is a Govt empoly, which I accepted & case was disposed off on the same day, with an order of Rs 2000/Pm as maintenance of the baby,which the lady refused to accept. The lady has filed revision petition for Crpc 488 of baby.The Lady has also filed complain against me & my whole family in State Human rights commission & womens commission which are word by word same.

Your good self is requested to kindly advise me how to handle all these case like 498A & 406,and at the same time can I apply for quashment of challan or chargesheet is framed.


Asked on 4/05/11, 11:42 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

If no case is made out reading any charge sheet, then it may be quashed by the high court.

If case is not quashed by the high court, you will be required to proceed with the case in the trial court and defend yourself as per the facts and circumstances of the matter and evidence proposed to be adduced.

Read more
Answered on 6/11/11, 10:53 pm


Related Questions & Answers

More Criminal Law questions and answers in India