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is 498a 406 34 dismissal possible in early stage


07-Oct-2023 (In Divorce Law)
I had filed for a divorce from my wife, when she received the notice she filed false complains after 6 months and a case of 498a, 406 and 34 is filed against me and my family. We have been granted bail in the first hearing and in the next one there will be arguments, I think. My Qs is: Can this case be dismissed in the next hearing itself (at the arguments stage)? Does the Magistrate has that power? There is nothing against us in the chargesheet and no proofs of what lies she is claiming.
Answers (5)

Answer #1
788 votes
If the chargesheet has got nothing against you then on that basis you can always approach the High Court and apply for the quashing of the same. And if there's no scope of living together then it's advisable for you to execute a settlement deed with her and take mutual divorce because it's cost effective and ends up in a maximum of 6 months.
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Advocate Jitender Singh

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Answer #2
623 votes
A discharge application needs to be filed before concerned MM and upon hearing the arguments on charge MM has the power to discharge the accused. In an alternative you may file a quashing petition before the concerned High Court also. For further Consultation you may connect
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #3
650 votes
Greetings to you. To be able to guide you better, we will need to access your Chargesheet first. We will have to try to weigh the allegations so alleged with sections of law so imposed. And if we happen to have some material contents, we can assertively put forth the argument while framing of charges. And since you said that family members have also been arrayed as accused, there’s good likelihood that they may be discharged (struck off as an accused) in the beginning itself or we may approach the HC for quashing of their names from the Chargesheet. There are some judgements for it. If you seek any assistance from me, plz feel free to reach out. Thanks and Regards
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Advocate Khalid Akhtar

Adv. Khalid Akhtar

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Answer #4
676 votes
Yes it is possible if well prepared arguments are made before the court quoting all evidences in the chargesheet. If court is satisfied then no charges will be framed against you and if no charges framed .means no case made out against you.
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Advocate Pratima Sharma

Adv. Pratima Sharma

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Answer #5
1000 votes
You need to hire expert advocate in this case. Discharge from case is rare. If you have conclusive evidence u can move your high court under 482 For all these things an expert advocate is must Plz b in touch
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Advocate D. Khan

Adv. D. Khan

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