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."

498A Quash after Chargesheet 10.11.2022- Bombay High Court - No Specific and Precise allegations against the two In-laws. F.I.R Quashed.

498A Quash after Chargesheet 10.11.2022- Bombay High Court - No Specific and Precise allegations against the two In-laws. F.I.R Quashed.

498A Quash after Chargesheet 10.11.2022
498A Quash after Chargesheet 10.11.2022


498A Quash after Chargesheet 10.11.2022- In this article, the Bombay High Court held that the supplementary statements of the wife and also the statements of her relatives were recorded under Section 161 of Cr. P. C. is vague and there are no specific and precise allegations exclusively attributing to the role of the two In-laws. Even if the two In-laws of the wife were instigating the rest of the In-laws in subjecting the wife to cruelty, no further details can be found, and it is clearly an instance where inference can certainly be determined that an attempt has been made to rope in them with some ulterior motive. Therefore, Criminal Proceedings against the In-laws are hereby quashed.


_________________________________________________

________________________________________________________________________________


Case Brief- 498A Quash after Chargesheet 10.11.2022


According to the facts mentioned in the F.I.R filed by the wife, the marriage of her wife and her husband was solemnized about 11 years prior to the filing of the F.I.R, and the wife and her husband had begotten a couple of children.


It is stated that after the marriage, the wife started to cohabit with her husband and In-laws at her matrimonial home.


It is also stated that the wife was ill-treated and was subjected to cruelty by her husband and In-laws after her marriage.


Upon this, the wife filed the F.I.R at the police station, Dhule district for the offenses punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC against her In-laws. After Investigation, a chargesheet was filed and submitted by the police against the In-laws.


_________________________________________________


_________________________________________________


Arguments- 498A Quash after Chargesheet 10.11.2022


The advocate appearing on the behalf of the two In-laws submitted that the allegations in the F.I.R filed by the wife are as Vague as they could be.


It is also submitted that the wife had cohabited with her husband for 11 years and the couple had begotten a couple of children, there were no previous allegations and for the first time, a grievance was put up in the form of the FIR regarding the alleged ill-treatment.


It is further submitted that no specific and precise role is attributed to the two In-laws except the husband, and it would be hazardous to make them face the trial with such vague and omnibus allegations.


Arguments- 498A Quash after Chargesheet 10.11.2022


Therefore, he prayed for quashing the F.I.R and chargesheet filed by the wife against her two In-laws.


On the other hand, the APP appearing on behalf of the State and the advocate appearing on behalf of the wife would take the court through the FIR, supplementary statement of the wife, and also the statements of the witnesses who are her relatives which according to the wife prima facie corroborate the allegations. And an opportunity needs to be extended to the petitioner to lead independent and convincing evidence.


Therefore, it was prayed that there is no sufficient reason to quash the proceedings at the threshold against the two In-laws of the wife.


_________________________________________________


Referred Judgements- 498A Quash after Chargesheet 10.11.2022 

Court’s Opinion- 498A Quash after Chargesheet 10.11.2022


The Supreme Court has decided the above-mentioned case which had similar facts to the matter in hand and stated that upon a perusal of the contents of the FIR, the allegations in the F.I.R lodged in the matter by the wife were general, vague, and Omnibus and, collectively, by referring to all the accused, allegations were leveled regarding the alleged ill-treatment. 


It is stated by the Hon’ble Supreme Court that in a situation wherein one fails to ascertain the role played by each accused in furtherance of the offense, then the allegations are, therefore, general and omnibus and can at best be said to have been made out on account of small skirmishes. 


It is also stated by the supreme court that as far as the accused are concerned when the allegations made against them are general and omnibus, then it does not warrant prosecution.


Court’s Opinion- 498A Quash after Chargesheet 10.11.2022


In the present case, the court stated that this case is squarely covered by the principles laid down in the above-mentioned case and also stated that even if the two In-laws of the wife were instigating the rest of the In-laws in subjecting the wife to cruelty, no further details can be found.


It is further stated that the supplementary statements of the wife and also the statements of her relatives are recorded under Section 161 of Cr. P. C. is vague and there are no specific and precise allegations exclusively attributing to the role of the two In-laws.


In view of the above discussion, the court held that the matter deserves to be considered favorably to the extent of the two In-laws, and it is clearly an instance where inference can certainly be determined that an attempt has been made to rope in them with some ulterior motive.


Therefore, the criminal application to the extent of two In-laws is allowed and the Chargesheet and the F.I.R filed by the wife at the police station, Dhule district for the offenses punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC against her two In-laws are hereby quashed.


_________________________________________________

Conclusion- 498A Quash after Chargesheet 10.11.2022


In this article, the Bombay High Court held that even if the two In-laws of the wife were instigating the rest of the In-laws in subjecting the wife to cruelty, then also no further details can be found. The matter deserves to be considered favorably to the extent of the two In-laws, and it is clearly an instance where an inference can certainly be discerned that an attempt has been made to rope in them with some ulterior motive.


It was also held that the supplementary statements of the wife and also the statements of her relatives are recorded under Section 161 of Cr. P. C. is equally vague and there are no specific and precise allegations exclusively attributing to the role of the two In-laws.


Therefore, the F.I.R against the petitioners is hereby quashed.




Join Facebook Group - Apaizers Mens Rights
WhatsApp




    Blogger Comment
    Facebook Comment