MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    I have already submitted the proofs like mobile bills against the allegation that i dint allow her to make calls to her parents, also the proof when she ran away from my house along with my baby......and so on,
    but the women in WPC didnt accept the proofs but are still giving dates on dates.

    and threatening me for 498A. Now to whom I should report this i.e. in Pune Police or Akola Poilce. Threatening is done by Akola's Women Protection Cell.

    Also how can I screw them, as she has taken all the gold which was bought by us to her and my daughter. Also to get out ASAP.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    so you done your part.
    they take it or not. let them do whatever they wanted to do, coz you cannt STOP them from doing for you or against you.

    As i told you, record their threat. and speak clearly with them, if they do not accept proofs you submitted send them in SPEED post, write clearly its your case(case number) zerox copies attached and keep reciept of speed post.

    Also write what she took with her all details. so these prrofs will come in handy in future. and never think about get out of it ASAP. be ready for LONG battle.

    Posted 5 years ago #
  3. kurheamol
    Member

    on 13th June i had counseling in Women Protection Cell. The counselor tried his/her best to get compromise between me and my wife...but my wife didn't agreed on the same and told them that she will be filing 498A on me and my family.......so i submitted the case paper filed in Family court Pune.

    I want to know that what will be the procedure for Police to file the cases?
    Will Women cell file the case? or Local police will do so?
    What should be our steps?

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    She can file FIR with Police which later after investigation(as per procedures) they will file charge sheet which turn into court case. In this case you will arrested.
    Or
    she can file a Petition in court too(if she knows police will not take her FIR) and Court will direct police to do investigation and submit report. In this case you will be summoned to police station

    Posted 5 years ago #
  5. kurheamol
    Member

    Can we go for Quashing the FIR????
    What should be the procedure? and what are the other ways to fight?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    yes you can go for FIR quash;
    if you have investigation report or any proof of her false claim you can go for quash

    Posted 5 years ago #
  7. Dr.Dsouza
    Member

    check here http://mynation.net/docs/sitemap/

    there are many judgements on quashing FIR in 498A. so you will get the idea

    Posted 5 years ago #
  8. kurheamol
    Member

    Yes!
    I have the missing complaint copy which states that she ran away from her matrimonial house between 10.30 to 11 am on 7th March 2011.
    Whereas, the complaint which she gave in Women Cell, Akola stated that she was beaten by me at 7pm on 7th March2011, and then she left my house.

    Will this two copies are sufficient for proving her false claims?

    What should be the other proofs like?

    Will you please brief. Also under which section should i apply for Quashing the FIR?

    Posted 5 years ago #
  9. advosanjay
    Member

    Sir (DR. DSOUZA)
    1as far as my legal understanding goes a divorces wife has no right to file 498A on ex husband/ family
    2 duration( 6 month- limitation before fir) when the wife is tortured by relatives/ husband.
    3 if husband rcr / divorce petition first field in family court then then the498a in any form will be counterblast
    4.here husband has good reason for quashing of fir
    5 this person case is running at different platform of courts.
    6 quashing matter under inherent power of court may give good relief especially in matter to criminal case 498A
    7 But what is important here is the timing of gestation of quashing matter admission to hearing--in that duration he has to evade himself or try for anticipatory bail .

    Posted 5 years ago #
  10. kurheamol
    Member

    Thanks AdvoSanjay,

    Can you brief the procedure for Quashing the FIR.

    In this case do require the FIR copy or FIR number. Also, can we file petition for quashing the FIR, before the launch of the same i.e. IPC 498A?

    Will you please help me knowing the procedure for Quashing the FIR.

    If you have any format for Quashing the FIR, request you to kindly forward the same on the mail id- kurheamol@yahoo.co.in.

    Will be very much thankful to you.

    Also, I appreciate Mr. Dsouza's help and suggestions. Expecting for more in future.

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

  12. advosanjay
    Member

    dea mr. kurheamol
    u have to obtain certified copy of fir( NO.) and u or a advocate can file a Quashing petition on ur behalf at HC. i think it is better if u contact a professional HUMBLE advocate of HC jurisdiction.he will prepare all under a synopsis. There is bail/ quashing bench in daily cause list of each HC. if FIR has been registered and police is investigating the matter U/s 498A then case is already under non bailable offense. For sec of ur knowledge here i make it clear to u that usually HC in 99% case would not allow the potion by saying - it is against natural justice and material allegation only be examined in trail. But ur case seems to be more genuine and rarest in respect to legal terrorism, so best go ahead, u may try at SC under writ which is most suitable platform for the quashing FIR. if u are by the way able in ur mission the whole episode will be ended at once

    Posted 5 years ago #

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