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498A/506 QUASHING after Charge Sheet submitted


13-Feb-2024 (In Criminal Law)
Our Marriage date - Feb, 2007 Only daughter born - Feb, 2008 My Ex Wife left our rental house (I am working in a private company & posted in Jamshedpur) along daughter in Feb, 2018. FIR loadged at durgapur PS 498A & 506 in April, 2018 Dec, 2019 we apply for MCD condn that, the custody of the minor female child permanantly remains with the husband And to withdraw all the complaints. July 2020 we got divorced. Now in 2024 Me & my daughter are living alone. How can i quash 498/506 now frm Durgapur
Answers (3)

Answer #1
509 votes
dear client as per your since you want to apply for quashing of the case you need to apply in High court for quashing of the case not from Durgapur because as only High court as power for quashing of the case..
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Advocate Priyanka Singh

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Answer #2
689 votes
You will have to approach Hon'ble High Court at Calcutta under Appellate Jurisdiction and detail your grievance entirely from the beginning . You need to provide the Divorce documents and state the circumstances virtue of which the divorce was granted. In the event it was a mutual divorce , you may have an MOU that will be helpful.
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Advocate Anubrata Dutta

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Answer #3
602 votes
since I am not privy to the documents hence as a disclaimer this advice is limited to and based on the information provided here in without considering anything more. having said that the quashing can only be based on the terms of the mutual divorce which can be availed in the quashing proceeding. thanks & regards, Tanmoy Chattopadhyay, M.Sc (Net Qualified), LL.B (University of Delhi), Advocate, Hon'ble High Court at Calcutta.
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Advocate Tanmoy Chattopadhyay

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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