498a and Section 307
19-Jun-2023 (In Divorce Law)
Hi,
My wife has booked me and my family under section 498a case and attempt to murder case. How to address these cases going forward? What are the conviction rates? Will we be convicted in the attempt to murder case?
She had harrased me stating that I am impotent and my mom as bitch. So on the grounds of cruelty we had initially lodged police complaint and divorce case against her. In the midst of fight when she told my mom as bitch I had slapped her on her face once or twice.
It would be great if you can help me regarding same.
Thank You,
Vishwas
Firstly you and your family members should get an anticipatory bail. Secondly you need to attend every court hearing as in 498A and criminal cases, an arrest warrant can be easily issued and you should be present. Thirdly try to settle the divorce case first by referring it to the Mediation center, you can use that in the other cases. Fourthly you can explore possibility of getting the FIR quashed in the High Court.
Dear Mr. Vishwas,
Consult and discuss more in this regard, any material evidence for attempt to murder? so need to discuss and apply for anticipatory bail in this regard for safeguard for arresting etc., consult and apply for bail petition and other legal proceedings.
Consult and discuss more in this regard, any material evidence for attempt to murder? so need to discuss and apply for anticipatory bail in this regard for safeguard for arresting etc., consult and apply for bail petition and other legal proceedings.
You have good chances if you have diled your case first and as u have stated that you have lodged complaint before police so u succeed but keep a good advocate from your side for 498a and 307 ipc so he could cross examine your wife and disprove about complaint. So u have 100% case
If she has filed a above mentioned case by you means know the crime No. of the case and jurisdictional police station through your advocate and immediately apply for anticipatory bail and later you can contest the case with supporting evidences by proving your case through your advocate. You don't have to narrate what and all you have done with your wife with everybody. Well consult advocate to proceed further it is a serious case and you have to safeguard your self by contacting advocate otherwise you may get arrest.
Conviction rate in these cases are not very high, and some time back Supreme court issued directions to lower Courts not to frame charges against relatives away from complainant. In my experience in every case anticipaory bail was granted.
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