False 498a quash
sunil sunil
(Querist) 10 June 2012
This query is : Resolved
Mother has been acquitted from 498a with a FIR quash from the High Court saying the case against her is with malafide intention.
What remedy does she have, besides defamation (which may not be possible)? She suffered a lot for close to 1 year with illness and police harassment before we finally succeeded with quash for her.
The quash was at private complaint/FIR stage itself. So there is no oath or evidence led yet.
So my questions for experts:
Is 211 at the same court only possible when read with 340 (perjury)? But 340 is ruled out because of no affidavit.
We also have enough evidence that the allegations against her are false.
ajay sethi
(Expert) 10 June 2012
the case against your mother has been quashed .concentrate your enrgies to come out of clutches of false case against you .forget defamation .
if you win 498 A case file for divorce on grounds of mental cruelty . if false 498 a case filed and your acaquitted it is grounds for divorce
Guest
(Expert) 10 June 2012
Concentrate on defending yourself against 498A in the trial court. Your wife can be brought on trial for 211 IPC by the court after following the procedure laid down in S.340 Cr.P.C.
sunil sunil
(Querist) 10 June 2012
The question is: 340 requires an affidavit or oath. There is none so far. Allegations against her won't figure in chargesheet. So what remedy does she have?
Kiran Kumar
(Expert) 10 June 2012
What precisely was the finding of Hon'ble High Court?
the contents of FIR/ Complaint and the reasons given by the Hon'ble HC are relevant to form opinion for future course.
Shonee Kapoor
(Expert) 19 June 2012
You can file malicious prosecution, defamation both civil and criminal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
