Client Testimonials

"By far the best legal document drafting expert! I’ve been struggling with a false 498/406 and DV case from last 2 years and so far met 20+ Different lawyers from lower court to high court, but the major difference I see in Sahil is his intentions of making me out of this situation so that I can be a free man. Only a 30 min discussion with Sahil was an eye opener to me. Now I'm feeling more confident that such cases can also be defended and law can be moved from women-centric to men-centric. I have asked Sahil for a ‘bayan’ for my DV case which he, after analyzing 50+ documents, has made it in a lightning speed time of 24 hours. I would also say I was surprised that he didn’t forget to mention even a single nook of any statement that could be in my favor. I would highly recommend anyone for a free 30 min call that can give a new hopeful direction; without losing anything."

"Sahil is one of the best brains to help someone to fight these kinds of cases. His grasping power is awesome to understand your case quickly and provide a solution. Sahil knows very well which point he has to highlight in the draft so people like us get the clarity on our own case and get the best result in the court. His knowledge is admirable as he has a good grip on different IPCs and Cr.P.C from our law system. I worked with him on my 498a petition and feeling quite confident after working with him. I will recommend everyone to talk to Sahil once to get the best result from your case. Now he is my good friend too. Thanks Sahil."

"I got in connect with Sahil sir few months back to seek his guidance for 125 CrPC, DV, and 498A. I must say it's really helpful and Sahil sir had drafted a strong WS for me. It was under the sheer guidance of Sahil sir that I could tackle my mediation in a positive manner."

"I am very thankful to Apaizers Mens Rights in supporting and helping me in my case and saved my lakhs of rupees. Sir also motivates time to time, also advises how to maintain your health first which is NECESSARY in this critical condition. It's clear that no more people from our side help or motivate during this time of false cases. In this time, we require a good or best adviser. Really, Sir IS ALL IN ONE. I repeat that unnumbered thanks to Apaizers Men's Right for the best advice to false cases."

"I got my DV interim maintenance appeal prepared from Apaizers Mens Rights for the session court. It is so nicely drafted and prepared with relevant case reference due to which the session court dismissed the interim maintenance order passed by the lower court. Then in my DV case, the opposite party filed for execution petition for the arrears of the maintenance amount 1.2 lakhs, the objections drafted by Sahil Sir with the relevant facts and case reference got accepted by the court and the court dismissed the OP execution petition."

Home 498aJudgments 498A Quashing After Divorce 04.06.2020-FIR Quashed

498A Quashing After Divorce 04.06.2020-FIR Quashed


498a, 498a quash Judgements, How to fight 498a, 2020
498a, 498a quash Judgements, How to fight 498a


498A Quashing After Divorce 04.06.2020-FIR Quashed

498A Quashing After Divorce 04.06.2020- This article will help in understanding how you can quash 498a case Contradictory Allegations, Allegations of Cruelty after the dissolution of Marriage & Non-Specific Allegations against husband & Mother-in-law cannot attract 498A IPC. FIR & Order of Framing Charges Quashed.

"498A QUASH" - EBOOK - A GUIDE TO 498A QUASH

498A Quashing After Divorce 04.06.2020 -Grounds of Quash

Section 498A IPC cannot be attracted in respect of events that had occurred subsequent to the dissolution of a marriage between the husband and the wife by a decree of divorce on mutual consent. 

This allegation completely runs contrary to the submission made in the joint petition filed by the husband and the victim, already quoted above, before the lower court wherein they had specifically stated that differences cropped up during the date of marriage itself and they had not stayed together even for a single day or night.498A Quashing After Divorce 04.06.2020 

There is no specific allegation against the mother-in-law in the entire FIR. It was alleged that the husband had demanded dowry on the advice of the other accused. With such kind of allegation, the mother-in-law cannot be brought in with the aid of Section 34, IPC. As regards the demand for dowry, no specific instance had been mentioned. 498A Quashing After Divorce 04.06.2020

498a Quash Judgements by Supreme Court & Various High Courts


498A Quashing After Divorce 04.06.2020 - Learning from the Decision:-

Firstly whenever the Mutual settlement occurs for mutual divorce under section 13B, the parties should prepare a Settlement Agreement with the terms & conditions mentioning the date of living separately. It will help to cater to the situation to quash 498A FIR. 

Secondly the mutual agreement should be signed by witnesses of both the sides and it needs to be duly Notarized on a Stamp Paper to execute the agreement so that point of forcibly signed can be catered. 498A Quashing After Divorce 04.06.2020 

Third, the Mutual Agreement will be the part of the Mutual consent divorce petition so that it becomes binding for both the parties and if any party backs off will be charged for contempt of court proceedings. 

Fourth all cases such as 498A, DV, 125 Crpc or any other case pending should be withdrawn or get quashed by the other party before the second motion in the MCD Proceedings.

[Read 498A Quash Judgements]

Fifth any payment or exchange of articles agreed in the settlement agreement should be done in front of the court. Necessary receipts should be taken for future safety. 

Sixth the Payments & articles should be given in parts or at the second motion of the divorce proceedings. All payments should not be given on the first motion of the mutual divorce proceedings. 498A Quashing After Divorce 04.06.2020 

The seventh all the above steps will secure the person for any future situation relating to back off from the settlement agreement. 

Eighth check the FIR, Chargesheet & Complaint about the nature of allegations, if they are vague, general & nonspecific without any date & time it will become the grounds for the Quash and allegations which do not attract the provisions of 498A. 

For this do take the consultation of experts before filing the Quash Petitions. 498A Quashing After Divorce 04.06.2020 

Ninth if there are names of relatives who are living separately from the couple like, Parents living in another location, Married Sister-In-Laws living separately with their husband at different locations, Unmarried Brother & Sisters living separately because of study or jobs, all these names can be removed from the FIR or complaint case of 498A by filing Quash petitions in the respective High Courts. 



498A Quashing After Divorce 04.06.2020- Brief Facts of the case –


The Husband & Mother-in-law are facing criminal prosecution before the lower court for offenses punishable under Sections 498A/34, Indian Penal Code (IPC). 

By the order dated 21.04.2012, the lower court had framed charges against the husband & mother-in-law for the offenses punishable under Sections 498A/34, IPC finding prima facie materials against them to proceed for trial.

The Gauhati High court analyzing the fact situation in the case-


held that it is evident that the wife’s brother filed the complaint on 12.11.2010. He had suppressed the fact of passing of the order of divorce by the court on 20.08.2010 on mutual consent. 

The high court further held that in the FIR, the wife’s brother had referred to 3 incidents. That had taken place after divorce. Those were when the husband and the victim were no longer in the relationship of husband and wife. 

As per the wife’s brother, on 02.11.2010, the husband left the victim in front of his house. Whereas, on 10.11.2010, the husband did not receive the phone calls from the victim. On 11.11.2010, the victim had consumed poison as a result of which she had to be hospitalized, but no participation of the husband & mother-in-law was alleged in the said incident. Section 498A, IPC cannot be attracted in respect of events that had occurred after the divorce between the couple. 498A Quashing After Divorce 04.06.2020

Thus, the Gauhati High Court has taken an unhesitant view that the institution of the criminal prosecution against the husband & mother-in-law in Case through the FIR by wife’s brother, is not for the intention which can be termed bonafide. 

Rather, it goes to show that the launching of the criminal prosecution by wife’s brother through the FIR is to use it as an instrument of harassment and to wreak vengeance on the husband & mother-in-law.

The decision by the High Court


In the light of the discussions, the Gauhati High Court opined that the allegations made in the complaint/FIR.  Further, the materials contained in the charge sheet cannot sustain a charge under Section 498A, IPC. 

Therefore in such view of the matter, the Gauhati High Court is of the view that the criminal proceeding in Case and the order framing charge dated 21.04.2012 are not sustainable in law and the interests of justice will be best subserved if the criminal proceeding in Case and the order dated 21.04.2012 framing charges against the husband & mother-in-law are set aside and quashed.

Conclusion:


This article on 498A Quashing After Divorce 04.06.2020 is focused on 498a quash judgement of Guwahati High Court on the grounds of contradictory and non-specific allegations against husband & mother-in-law. 


 Follow us On Facebook, Youtube, Twitter 

 Join Facebook Group - Apaizers Mens Rights
WhatsApp




    Blogger Comment
    Facebook Comment