Dear Sir/Madam
My wife filed a false case on me and my Family under section 498A, 506, 323 and 34 IPC on 16'th Sept. 2010 in Dhamtari (C.G.). We have undergone severe harrassment because of this. We all went to her Hometown in Dhamtari (C.G.) for discussion where she and her Family relatives malhandled me and my Family and then she filed the above false cases. We got bail the next day from district court of Dhamtari i.e. on 17'th Sept. 2010. She also putted various false charges on me and my Family in her complain like anal s*x, making mms etc. She even gave the same statements on various National & Regional TV Channels and News Papers. But in chargesheet anal s*x was not mentioned. On Jan. 2011 in a social setting compramise discussion was held and me and my Father gave in writing on a plain paper that we are ready to accept her and will not take any revenge for what she and her family has done as she and her family was afraid in sending her back with me to Bangalore after doing all this. On 21'st Jan. 2011 in the court hearing charges were framed, we denied and then both sides advocates putted a compramise letter stating about the social meeting, they also stated that me and my Father have given in written that we will keep her in good condition in future and also that both parties want case to be finished for the sake of our 3 years son. Then the judge cancelled 323, 506 and 34 immediately. Then she called for the next hearing on 5'th March 2011 in which she told in front of judge that dowry harrasment never happened and it was just minor fights between me and her. She also told that the various complains she has written were written by someone else and she signed them without viewing. Also she seldom stayed with my Family in Bhilai and stayed with me in Delhi, Pune and Bangalore which is true. But she didn't told about the incidence of 16'th Sept. 2010 in which she and her Family malhandled us in her Hometown. The Judge took statements of her father and mother as well who gave similar replies. The judge then immediately cancelled 498A too saying that the case is over and we can go. We also got a notarified agreement signed by her that she will never do such a case again.
My Questions are:
1) Can I live tension free now? I'm with my kid and wife back in bangalore now but since I have seen on internet that if a 498a wife files case again its very difficuly to get bail and also that in second time conviction rate is high. I no longer trust my wife and her family after all this. After reading the above can you please advice me if we are legally safe now and if some other legal protection should be taken by me so that she is not able to harrass us in false cases in future. Please advice
2) My lawyer told me that if she has to do again she has to make it after the date of her case withdrawl i.e. 5'th march 2011 since everything she said before that has gone since she herself told that from the date of marriage i.e. 28-01-2006 to 5-3-2011 no dowry harrassment happnend. Is this true? Does her case becomes weak after all this? Would she be able to file false FIR again? What should I do? I want to live with her and my kid but can not take any risk on me and my family also.
3) She is ready to say in TV Channels and NewsPapers that her Jija was behind all this and he misguided her with the motive of money which is a fact. Will this help? Please also advice me suitable measures and precautions which me and my Family should take in future so that this incidence never repeats. Also my Father has disowned me will this help? Can I file defamation etc. cases on her if I want now or in future?
Please advice me at your earliest. I'll be very thankful to you! Please reply me at anupam.swarnkar@gmail.com
