RCR after 498a case

Yes, obviously. U can take benefit of this point.

Sir,

Can you please tell me how we can use this? I don't know much about RCR. what is this RCR? How should we counter this because we don't want to take her back and risk bigger cases.

Thanks

now u pm me to get expert advise and also send this thread link

@ Avnish,

Aam adami ko bhi gyan baat doh yeh public forum hai PM to Lawyers ke liye hai aap to general public hai.

@ Balaji,

To your que. there are two compartments one may place opinion(s) into ; 


I. EMOTIONAL


II. LEGAL
 

Under emotional compartment  it all depends first upon your brother to have courage that he can deal with following (cons).;
 

1. There is no guarantee that she will not put a fresh 498A again on him (and members of family). The 2nd time FIR is even more dangerous. The police & courts will be more severe to him this time as they will be of the view that he has been pardoned once by his wife and he again harassed her, even though the truth is something else.

2. If first time a false case can be registered and withdrawn there is nothing stopping her to put another false case in future. Getting bail second time is very difficult as courts think that he has been pardoned once and he again harassed her.

3. Even if she doesn’t register the case 2nd time, he will be living under the apprehension that she might put the case again any time. He may be living a tension full life 24/7 365 days a year.

4. He may show sighns to desert his parents, his siblings & his relatives as they will be afraid of his wife that she might register the case again on them also.

5. He may have to surrender all his salary, savings, properties otherwise he might end up facing the case again.

6. He may have to surrender himself to her and her parents & her siblings and live like their slave otherwise he may end up facing the case again.

7. He may have to surrender himself to her friends and give them free entry into his house & matrimonial life and obey their wishes and fulfill their fantasies and become their slave. If he deny he may end up facing the case again.

8. He may have to obey her diktat. If he deny he might end up facing the case again.

 

Under legal compartment  it is purely will of the family to have a logical end to these spur of the moment high stakes social drama volcano till date by going in for quashing based on RCR and march ahead since the lady says RCR which is practically non Executable if the boy does not wish to keep his wife post S. 498a IPC quash scenario and in 1 years waiting time it converts into Divorce. After quashing she can't level same charges against the boy (husband) though if she is revengful lady then may choose other available legal options such as DV / S. 125 CrPC and even a stand alone S. 24 HMA (in a Family Court wihtout need ot file for Divorce by her) but these could be tackled in civil domains better than what the sword of S. 498a IPC was causing effects till date.     


The above suggestion are purely for stopping the ill advised assualt of mindless S. 498a IPC filed by a missguided wife and two persons leading life their own way without fearing to adjust 24 X 7 X 365 in nutshell. However, if a husband is mentally and emotionally strong and does not believe that now nothing can happen then I sincerely wish best wishes without any pun in all its sincearity. There have been 2 - 1/2 years old 3 cases I know of in my circle where wife's post 498a has been accepted by boy and his family and things are like same old blues - well till now..........


Bottom line it is pure call first of the boy (husband) as he knows more of what actually happened inside  closed bedroom between a couple than anyone else.