Case under 498a

Rakesh Malik (Querist) 19 October 2013 This query is : Resolved
I have call recording of my wife with his boyfriend in which they are talking romantically. Sir actually the true story is this, my wife is with her boyfriend who is devar of her elder sister. That boy is also not at his home for last 10 months. My wife is also not at her father home. Now she is saying that she lives with her bua (father's sister).The day on which my wife left my home my father in law made the missing complaint of her in local police station. In his complaint my father in law mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter.

After 7 days the day from which my wife left my home, she made a complaint in local police station accusing me and my parents for dowry and harassment. She also wrote that we have kicked her out of home and she is not abducted. When police came to my home we showed the copy of complaint made by my father in law. No action taken by police against us and we were given clean chit by local police. In closure report local police has written that girl has left the matrimonial home on her own will.

It is the incident of january 2013. In march 2013 my wife lodged a complaint in crime against women cell. When we get the summon we went to caw cell office. My wife asked for return of dowry and divorce in front of investigating officer. She submitted a false dowry list. But we had actual list signed by her father and her elder brother. When we showed our list that list was accepted by caw cell and we were given a date to return the dowry goods in CAW cell.

When we went to return the dowry goods my wife refused to take the dowry goods and asked for 15 lakhs as compensation. The CAW cell investigating officer told my wife that as we returning the stree dhan, 406 can not be imposed on us. But 498 A can be imposed. CAW cell give us new date to come with the statment of her father in which he has mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter. We also have the call recording of my wife and her boyfirned. The case is in CAW cell since march 2013. Sir please help me. I just want to know:
1) Can 498 A be imposed on us?
2) Does CAW cell mandatory register case under 498 A if no settlement is made between husband and wife?
3) If it is proved that complaint made in CAW is false then even CAW cell register case? I have got the complaints copy through RTI. In local police station my wife has writeen that we demanded swift dezire but in CAW cell she has writeen that we demanded Honda city.

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ajay sethi (Expert) 19 October 2013
on bais of wife complaint and further investigations if prima facie case is made out 498A case can be registered .

the statement made by your father in law willhelp uyou in proving that ther was no dowry harrasment .

the contradictions in your wife statement will help you

Devajyoti Barman (Expert) 19 October 2013
1. Yes
2.Yes most likely.
3. Before trial how could allegations be proved false. The Police would investigate the offence anyway.

Take the copy of her father's missing diary. It would help you get bail and may be for quashing.