My wife filed 498A against me, my 76 yrs old mother, and my sister who is staying far away from me and didn't come in my house for last 3 yrs.
2 years ago
My wife filed 498a against me, my 76yrs old mother, and my sister who is staying far away from me and didn't come in my house for last 3yrs. It become more than 1year police didn't submit charge sheet in court. In the meantime my wife also filed 125crpc.what to do. Can I apply for quashing of 498a, as it become more than 1year.
Rajinder Pal Singh
Responded 2 years ago
A.No fixed time is prescribed in law for filing of chargesheet, wait, fancy your chances, sometimes this delay goes in accused favour, many advantages are attached if there is a delay, go for quashing for your mother and sister once chargesheet is filed, contest hastily other litigations, have benefit of evidence in these case, this would be clever move.
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A.hello
If it is more than one year police didn't submit the charge sheet then for sure you can apply for quashing of criminal complaint and FIR before the High court. and get it quashed.
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If it is more than one year police didn't submit the charge sheet then for sure you can apply for quashing of criminal complaint and FIR before the High court. and get it quashed.
Thanks.
if you find this advice helpful, please rate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Yes
You could file for quahing for criminal proceedings. There have been many judgments in which criminal proceedings have been quashed. Also if it i false case then gather proofs in your defence with help of your lawyer.
If you find this advice helpful please rate.
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You could file for quahing for criminal proceedings. There have been many judgments in which criminal proceedings have been quashed. Also if it i false case then gather proofs in your defence with help of your lawyer.
If you find this advice helpful please rate.
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A.Dear Sir,
You may enquire with the police as to whether they are filing charge sheet in the next few months if not go for quashing or else file quashing petition after filing charge sheet. Definitely the names of your mother and sister will be removed in the charge sheet. You must project before the Court that you are not having sufficient income to pay any maintenance to your wife under Section 125 of Cr.P.C.
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You may enquire with the police as to whether they are filing charge sheet in the next few months if not go for quashing or else file quashing petition after filing charge sheet. Definitely the names of your mother and sister will be removed in the charge sheet. You must project before the Court that you are not having sufficient income to pay any maintenance to your wife under Section 125 of Cr.P.C.
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