Victims of suit of Domestic Violence

Hello sir, My wife name included as A6 with the charge sheet under 498A section. We don't have any blood relation with the compliant , recently we came to know about the chargesheet from A1 candidate . We are about to get the summons from the district court. we are not sure how the police did investigation as none of them were contacted us and we haven't received a single notice from the police or court. Can you please help with the below queries 1. Can i file discharge application at district court ? or shall i file charge sheet quash at high court ? what is the best option and what evidences i can produce? 2. The concern police inspector did favor to the compliant and haven't did any investigation. So how can i take action against him? 3.My wife is pregnant currently so she can't come to court. how can avoid her appearance at court level? 4.Please advise how we can get out of this case

Answers (4)

150 votes

498-A, of IPC defines, husband or relative of husband of women subjecting her cruelty.It is mentioned in the section the accused must be husband or his relatives, relative means it may be indirect relatives, It is not necessary the accused must be direct blood relation, you may file a writ petition of cetoraified mandamus to quash the charges stating the fact your wife is innocent and not even aware of the facts of the case,and explaining the present health condition of your wife if your wife is actually innocent and not connected with offence.

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57 votes

This is unfortunate . In any case you can file discharge application before the concerned court. If it is dismissed then you have a legal remedy by way of criminal revision before the Hon'ble High court. Unless and until we see the charge sheet, I cannot immediately take a call regarding challenging the charge sheet in the High Court itself.

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274 votes

It is very important to peruse the records before coming to a conclusion. The overt act of your wife in the chargesheet has to be identified. If it seems that the charge sheet with respect to A6 is groundless, we can file a discharge petition before the concerned court. If the entire charge sheet seems to erroneous, it would be advisable to file a quash petition before the High Court.

Further, before filing discharge petition, your wife will have to attend the court proceeding and receive copies u/s 207 CrPC. whereas for filing quash petition, the presence of the petitioner can be dispensed with.

In all cases, perusing the records in detail is necessary. You can contact me for further information.

111 votes

Hello sir your case regarding against charge over offenses of cruelty in that we can file the petition of quash for ur wife alone in high and for others we can file discharge petition before the concern trial court to split the issue and take remedy

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