Advocate Himanshu Sharma

Questions Answered by Advocate Himanshu Sharma

Q: after mutual agreement Which statement girl should give to close 498a

We have made a mutual agreement, and the first motion has been completed now to close the 498a case i need to give the statement , other party advocate is saying no need to go to high court we can close in mm court , in 498a charges has been framed on husband and matter is at my evidence. what statement shall i give to close the 498a case

Advocate Himanshu Sharma answered
Since the first motion has been completed and both parties have reached a mutual settlement, we would need to examine the settlement agreement, the status of the 498A case, and the other connected proceedings before advising you on the appropriate procedure.As charges have already been framed and the matter is at the evidence stage, the 498A proceedings generally cannot be closed merely by giving a statement before the Metropolitan Magistrate, because Section 498A IPC is a non-compoundable offence. Ordinarily, a petition for quashing the proceedings on the basis of the settlement would need to be filed before the High Court.Please share the settlement agreement, the latest order in the 498A case, and the details of the first-motion proceedings. We can examine whether a petition before the High Court is required and advise you on the appropriate statement and procedure to ensure that the settlement is legally effective.Regards,Himanshu SharmaAdvocateVIGILANT LEGUM LAW FIRMDwarka, Delhi

Q: criminal case cc case DETAILED ANSWER REQUIRED

clarify if after whether the proceedings in a private complaint warrant case, instituted otherwise than on a police report, remain at the stage of inquiry until charges are framed, and whether the power under Section 319(1) Cr.P.C. can be exercised during this pre-trial inquiry stage, before the commencement of trial..

Advocate Himanshu Sharma answered
The legal position requires a distinction between the stage of inquiry and the commencement of trial.In a private complaint warrant case instituted otherwise than on a police report, the Magistrate records prosecution evidence under Section 244 CrPC before considering discharge or framing of charge. The proceedings before charge are generally treated as the pre-trial stage.stage of proceedings are important.Therefore, it would be incorrect to conclude that Section 319 can never be invoked before charges are framed. Equally, the provision cannot be invoked merely because allegations have been made against another person; the statutory requirements and applicable judicial principles must be satisfied.The precise position should be assessed by examining the current stage of the complaint, the evidence recorded under Section 244 CrPC, and the applicable precedent. For proceedings governed by the BNSS, the corresponding provision is Section 358, subject to the applicable savings and transitional provisions.Regards,Himanshu SharmaAdvocateVIGILANT LEGUM LAW FIRMDelhi

Q: Question related to court marriage registration

My partner and I want to get married next year. We are both Hindus but would prefer to marry under Special Marriage Act, but cannot have a notice put out/sent to our families. If this isn't possible, we would be down to marry under Hindu Marriage Act, but is there a need to conduct a wedding ceremony or Arya Samaj or can the registration of marriage be done in the court only?

Advocate Himanshu Sharma answered
The legal position depends on which route you choose.1. Special Marriage Act, 1954Under Sections 5 and 6, a notice of intended marriage must be given to the Marriage Officer, and the Act provides for publication of the notice at the officer’s office. Where applicable, a copy is also sent to the Marriage Officer of the district where a party permanently resides. Therefore, if you wish to avoid the statutory notice and publication process, this route may not meet your privacy requirements. 2. Hindu Marriage Act, 1955If both parties are Hindus, they may marry under the Hindu Marriage Act. However, Section 7 requires solemnisation according to the customary rites and ceremonies of either party. Registration under Section 8 is intended to record a marriage; registration alone does not ordinarily replace the legally required marriage ceremonies. An Arya Samaj ceremony is one possible route if it satisfies the applicable legal requirements, but it is not compulsory in every case.To advise you on the appropriate procedure, we would need to know the state in which you intend to marry, as the registration rules and administrative procedures may differ.Regards,Himanshu SharmaAdvocateVIGILANT LEGUM LAW FIRMDelhi

Q: Sbi filed Negotiable instrument act 138

I had a sbi card due to financial issues payment was late, I don't remember giving any cheque they filed case on 2017 feb we are not aware of it, still we have cleared the amount on sep 2017 in cibil also they reported post written off settlemed we have transaction details, one day in 2023 we got the summon from rohini delhi court about the case, then only we got to know about the case, it's in evening court , we mailed customer support asking if we have any pending amount , they replied no dues

Advocate Himanshu Sharma answered
I understand your concern. Since you cleared the outstanding amount in September 2017, have transaction records, and subsequently received an email from SBI Card customer support confirming that no dues were pending, these documents may be important for your defence.However, we would first need to examine the court case details, the nature of the complaint filed in February 2017, the summons received in 2023, and the payment records to determine the appropriate legal remedy. We would also need to verify the present status of the case and whether any order has been passed in your absence.Please share the following documents, if available:1. Copy of the summons and case number.2. Payment transaction details from September 2017.3. SBI Card's email confirming no outstanding dues.4. Latest court order or case status.After reviewing these documents, we can assess the available legal grounds and advise you on the appropriate next steps.Regards,Himanshu SharmaAdvocateVIGILANT LEGUM LAW FIRMDelhi

Q: Proof of fake case whether necessary in written statement

A completely fake case has been filed against defendants now. We came to know there was a similar fake case in the past among different plaintiffs and defendants in a different mango garden, but the Advocate for plaintiffs is same in the past and present cases, and there is similarity in the two cases. The past case was closed by compromise. We don't have copies of the past case now. Can we file copies of past case later or is it necessary to file them now in the written statement?

Advocate Himanshu Sharma answered
Yes, the documents relating to the previous case may potentially be brought on record at a later stage, subject to the applicable procedural requirements and the court’s permission, wherever required. However, it is important to examine whether and how the previous case is relevant to the present dispute and whether the necessary facts should be specifically pleaded in the written statement.Since the earlier case was settled by compromise and involved different parties and a different mango garden, we would need to examine the nature of the settlement and the similarities between the two cases before determining its evidentiary value and the appropriate legal grounds to rely upon it.Please share the present case documents, particularly the plaint and the stage of the proceedings. We can examine the available facts and advise you on how to raise this issue in the written statement and whether the previous case records can be produced subsequently.Regards,Himanshu SharmaAdvocate VIGILANT LEGUM LAW FIRM