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Author Topic: 498a/307 on husband and a separate 498a/406/506(II) on husband amd parents  (Read 1475 times)

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Offline Dwaipayan_dad

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I want to ask the expert about the remedies available for my severe case. Since inception of my marriage I had a troublesome matrimonial life with my wife as she wanted to snap all my relationship with my parents who live in a completely separate accommodation in my vicinity. In the month of October I had a rift with my wife over the same issue and she left for her parents house on her own volition. Later that day she instituted a case against me u/section 498a/307. Police visited my place with a copy of complaint and informed me that my wife wants to continue a peaceful conjugal life thus instructed police not to arrest me if I agree to do so. In the event of peaceful coexistence she will withdraw the case in future. I agreed and started living with her. But she continued mental torture on me and I finally filed for anticipatory bail u/section 438 in lower court. My wife who happened to be a lawyer influenced few member of the bar association of the lower court opposed my bail and the application got rejected. Immediately I filed another 438 in high court which was allowed. The whole incident took around 45 days. After the bail was allowed, I moved to my parents house to avoid any more trouble. After a week again my wife went to local police Station and this time she filed a complaint against me and my parents. And a separate case of 498a/406/506(II) has been registered against me a d my parents. Police has given a 41a notice to us. Kindly tell me what should be the next course of action from our side

Offline kalaskarkk

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Re: 498a/307 on husband and a separate 498a/406/506(II) on husband amd parents
« Reply #1 on: December 30, 2017, 04:22:55 AM »

YOUR JUST FILE A CASE FOR RESTORATION OF CONJUGAL RIGHTS.  BETTER GO FOR MUTURAL DIVORCE WITH THE INTERVENTION OF COMMON FRIENDS.

Section 41, 41A, 41B of CrPC which govern arrest by police without warrant

41A. Notice of appearance before police officer. – (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”

*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]

**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]
« Last Edit: April 01, 2018, 08:39:59 PM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline advjaibansal

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Dear Sir,

This is the notice for participating in the investigation, please appear and participate in the investigation. this will also help to avoid the arrest as you will be joining the investigation.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline nitish788

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Quash 498a -Vague allegations in Fir
Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings.
(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings.

A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya v/s State of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.
« Last Edit: April 01, 2018, 08:41:37 PM by admin »
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Offline advjaibansal

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Dear Sir,

You cannot be prosecuted for the same crime twice or there cannot be two cases on the same offence under the same sections by the same person. Please file a quashing petition on the principles of double jeopardy as there are two similar case filed by the wife under section 498A of IPC. there is a famous case of T T Anthony by the same case, the principle laid down in that case will help you to get the case quashed. Chances are also there that court may quash the entire case, I mean the second case filed by the wife.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Oliyasagi

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I think your data is good information that I'm looking for.

Offline needofhelp

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Hello Sir,

   The supreme court has recently said that even men has the right to file Domestic Violence against wife, if you have all the supporting evediences please tey this option and if the conviction is proven she may face 6 months to 1 year jail as a punishment. Please double check before you do this.

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