Can the accused lodge a complaint in hrc for a false 498a,406 cases?

Querist : Anonymous (Querist) 25 October 2011 This query is : Resolved
Wife filed a false 498a and related cases with DP 3/4/6 sections on husband, his relatives as accused. Also filed a DV case on the same grounds.

So can the accused appeal that the cases filed by the wife are false and police also helped the inlaws without proper investigation and enquiry ?

We are 100% confident to prove that all the allegations made by wife and her parents are false.

kindly help on this matter

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ajay sethi (Expert) 25 October 2011
you cna file application in high court for qashing of complaint under section 498 A

ajay sethi (Expert) 25 October 2011
in Joginder Kumar Vs State of UP by the Indian Supreme Court. This judgment explicitly states that:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter

Devajyoti Barman (Expert) 25 October 2011
If you are so confident then why are you so bothered.
Let your wife fail in her own case.
Quashing is a good option but it is rarely allowed.

Querist : Anonymous (Querist) 25 October 2011
Ajay and Barman sirs,

I am asking about the appeal or complaint in Human Rights Commission (HRC) cell?

Can I appeal or complaint in HRC that police didnt do investigation either before arrest or after arresting me. And also to let HRC knows that false 498a cases or gender biased laws are becoming prevalent just for harassing/pressurise the husband and his aged family members ?

Kiran Kumar (Expert) 26 October 2011
no purpose will be solved by making a complaint with the HRC....HRC is merely a recommendatory body and its observations are not binding upon either the court or Police or on any other administrative body.

if you are not satisfied with the investigation then you may take other remedies...unfortunately you are not the only victim of misuse of 490-A....there have been a lot of cases.

its advised to contest it properly and fearlessly...the burden is upon her to prove such allegations.

prabhakar singh (Expert) 26 October 2011
As already told knocking HRC's door may prove
only a futile effort,so better contest vigorously .

Arun Kumar Bhagat (Expert) 26 October 2011
Any complaint to the HRC at this stage against the IO shall be like putting oil to fire. IO will prosecute the case more vigorously and shall go on creating false evidence. Choose the diplomatic path and concentrate your energy to get absolved from the case first.

Shonee Kapoor (Expert) 26 October 2011
Complaint to HRC.

Hmmm, the HRC is not going to interfere in the process of investigation/ court action.

The powers are limited to Human Rights Violation, it is a case of complaint filed by you by some aggrieved person. Whether the same is true or false is for the courts to decide.

Quashing is a legal process, in which the

Regards,

Shoneee Kapoor
harassed.by.498a@gmail.com

Can the accused lodge a complaint in hrc for a false 498a,406 cases?

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