Legal Question in Family Law in India

Hi guys,

we applied 498a quash proceding in Highcourt, after getting AB, for this quash prceding we applied expect husaband rest the people need to remove the cases like that we applied. and we got the order different(they are not removed) from HC, but i have few clarification in that . could you please read the following order copy and explain what the order HC given in that... what is my next step in that.....

IN THE HIGH COURT OF JUDICATURE,XXXXXXXXXXXX

AT XXXXXXXXXXXXXX

PRESENT

THE HONBLE SRI JUSTICEXXXXXXXXXXX

CRIMINIAL PETITION NO : XXXX OF 2009

Between:

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

PETITIONERS/Respondent 1to 5

AND

XXXXXXXXXXXXXXXXXXXXX

The State of xxxxxxxxxxxxxx Rep, by its Public Prosecutor High court of xxxxxxxxxxxxxxxxxxxx

RESPONDENTS

Petition under section 482 of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the high court will of IX Metropolitan Magistrate against the petitioners/accused No 1 to 5

The Petition coming on for hearing upon perusing the Petition and the grounds filed in the Support thereof and upon hearing the arguments of Sri xxxxx. Advocate for the Petitioners and of the Public Prosecutor on behalf of the respondent No.2 and none appeared for Respondent No.1

The Court Made the following ORDER:

ORDER:

This Criminal Petition under section 482 Cr.P.C is filed by the petitioners/A2 to A5 seeking to quash the proceeding against them in C.C.NO. xxx of 2009 on the file of IX Metorpolitan Magistrate arising out of Crime NO. XXX of 2009 on the file of xxxx police station, registered for the offences punishable under sections 498-A and 406 IPC read with 34 IPC and sections 3 and 4 of the Dowry Prohibition Act.

Heard,

The petitioners herein are the are parents, brother and sister and brother-in laws of accused No.1

Learned counsel for the petitioners contended that there is every possibility of false implication of the petitioners in the case and there is no prima facie case against them.

In the facts and circumstances of the case, it is directed that the presence of the petitioners or only shall be dispensed with during trail,on an appropriate petition being filed by them for the same before the trail court. However, they shall invariably appear before the trail court at the time of framing charges, their examination under section xxx Cr.p.c., Judgment etc�.

With the above direction, the Criminal petition is disposed of

SD/- XXXXXXXXX

In the Bold letter of the note could you pls explain briefly... am confusing that i already discuss this thing to my lawyer but i need better suggestion forum guys,,,


Asked on 6/03/10, 2:10 am

3 Answers from Attorneys

Your not discharged from the case framed against you. The relief granted is that, provided you make a proper application before the trial court, the trial court will consider you case and dispense your presence execept during the time of framing of charges, Examination under 313 Cr.P.C and finally on the day of Judgement.

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Answered on 6/03/10, 6:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As explained by Mr Rao, the High Court has allowed exemption of other persons except you from personal appearance during trial.

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Answered on 6/04/10, 5:16 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, in the order, there is just exemption from appearance and the f.i.r. is not quashed qua your relatives.

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Answered on 6/04/10, 11:35 am


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