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Wife filed false case of 498a against me and parents how to quash case
21-Oct-2023 (In Criminal Law)
this is to inform you that my wife has filed dowry case in utter pradesh aligargh under 498a,323,504,506,3,4. charge sheet has been send to court for the submission. My questions are--1. We need to take the bail from Allahbad High court as my lawyer says you can get the stay on arrest (bail) from local court. is he right or trying to make us fool. 2. As I used live separate from my parents in rented home, So can their name remove from the charge sheet. 3. Is my wife can take the case back and what is the procedure .4. Can i go to high court to file the quashing case
If your wife has filed and FIR against you and your parents, then you will have to approach the Allahabad High Court and file a writ for stay of arrest as there is no provision of anticipatory Bail in uttar pradesh. As far as the removal of name from the chargesheet is concerned, the same can be done by the I. O. upon investigation of the matter.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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Since in State of UP there is no provision for Anticipatory Bail therefore one has to approach directly to High Court to seek anticipatory bail under Artilce 226 of the Constitution or under Section 482 of Cr.PC. Therefore you'r advocate is right he will have to approach directly to High Court.
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Adv. Rohit Kumar Singh
Delhi | 100+ Answers
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Hi,
You will not get a bail from Allahabad High Court as you were not in jail and as far as arrest stay is concerned you need to file a criminal writ challenging the first information report. For your information.
You will not get a bail from Allahabad High Court as you were not in jail and as far as arrest stay is concerned you need to file a criminal writ challenging the first information report. For your information.
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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arrest stay is based only your FIR and case situation .. if you live separate with out parents .. most of probably your parents name removed in charge sheet. if you wife back want to case back than i get a application in court , than court considers the situation
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Adv. Markanday Singh
Allahabad | 25+ Answers
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Hello,
Yes you can file a case in the High Court for quashing the charge sheet and you can get an arrest stay from the high court and also you can surrender before the Lower Court and if your bail application is rejected then you can approach the Hon'ble High Court for bail and for getting the name of your parents removed from the FIR you need to file a discharge application before the appropriate court.
Thanks and Regards
Yes you can file a case in the High Court for quashing the charge sheet and you can get an arrest stay from the high court and also you can surrender before the Lower Court and if your bail application is rejected then you can approach the Hon'ble High Court for bail and for getting the name of your parents removed from the FIR you need to file a discharge application before the appropriate court.
Thanks and Regards
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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1. आपको जमानत के लिए हाॅई कोर्ट जाने की आवश्यकता नहीं है , आप सभी को अलीगढ कोर्ट से ही जमानत मिल सकती है ।
2. यदि आप अपने अन्य परिजनों से अलग रहते हैं , तो उनके नाम चार्जशीट में नहीं होने चाहिए थे , लेकिन यदि ऐसा नहीं हुआ तो अब भी कोर्ट चार्ज बनाते समय ऐसा कर सकती है ।
3. आपकी पत्नी किसी भी समय केस खत्म कर सकती है ,उसके लिए आप अपने वकील से बात करें ।
4. आप हाॅई कोर्ट मे धारा - 482 में जा सकते हैं किन्तु उम्मीद सिर्फ 5% ही रखें ।
2. यदि आप अपने अन्य परिजनों से अलग रहते हैं , तो उनके नाम चार्जशीट में नहीं होने चाहिए थे , लेकिन यदि ऐसा नहीं हुआ तो अब भी कोर्ट चार्ज बनाते समय ऐसा कर सकती है ।
3. आपकी पत्नी किसी भी समय केस खत्म कर सकती है ,उसके लिए आप अपने वकील से बात करें ।
4. आप हाॅई कोर्ट मे धारा - 482 में जा सकते हैं किन्तु उम्मीद सिर्फ 5% ही रखें ।
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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