Fabrication of evidence
azure
(Querist) 10 February 2020
This query is : Resolved
Hi Experts,
I have been falsely accused in 498a & DV cases. In the DV case, the petitioner has submitted 2 false photographs claiming proof of physical violence and that the act was performed on the same day the 498a was registered. (just before the FIR was filed for 498a)
However, the 498a FIR has no such details supporting the DV case. Also, with the help of RTI, I acquired the medical certificate (taken at the time of FIR 498a) which clearly states that "both parties are physically fit". No discernable injuries have been mentioned in the report.
1) Is there a specific IPC code i can use to file a new petition in higher court that the party or party's counsel has committed "Fabrication of Evidence" offense or perjury in the DV case?
2) Can I use the medical certificate and FIR details against the DV case? - Will this be a slow process compared to the above option?
3) If the outcome of #2 is in my favor, can I use that in the 498a case and quash it?
It had been just 1 year of marriage before the FIR was filed. There are no kids and she is an earning member with considerably good income.
Look forward for advice. Thanks in advance.
Raj Kumar Makkad
(Expert) 11 February 2020
Definitely the claim/pleadings of the second case can be used in first case and vice-versa if the same are favourable. At this stage, you have nothing in hand to persue any criminal case against your wife. It is better to defend the ongoing cases effectively with the help of your lawyer and once you get acquitted then only you can file cases against her.
Dr J C Vashista
(Expert) 12 February 2020
You have the only option to contest the case(s) slapped by your beloved wife.
Dr J C Vashista
(Expert) 12 February 2020
It is advisable to consult a local prudent lawyer with relevant records for analyses, professional guidance and necessary proceeding, if you are a party to the case(s) and not yet engaged any lawyer to defend you.
P. Venu
(Expert) 13 February 2020
What is the status of the 498A case? Has it reached the court for trial and you have been served with the summons?
Raj Kumar Makkad
(Expert) 13 February 2020
Author is keeping mm despite of specific query raised on behalf of Ld. expert P. Venu, for the reasons best known to him.
azure
(Querist) 14 February 2020
Thank you for your replies. 498a case has a chargesheet filed and bail is granted. FIR has 3 members but chargesheet filed only on me. I have appointed someone local but I need second opinion if I can pursue other ways.. I am innocent and have all records and documents to prove the same. It has all been submitted to courts as well but the process is taking long.
The fastest way to close this is what I am seeking if feasible.
Thank you.
Raj Kumar Makkad
(Expert) 14 February 2020
In the light of subsequently given facts,, it is advised to challenge the framing of charge and quashing of FIR before High Curt if you deem fit that the evidence in your hand is so effective that you may convince high court.
P. Venu
(Expert) 14 February 2020
Now that the Court has taken cognizance of the alleged offence, you are not required to submit or produce any documents; it is for the prosecution to prove the charges beyond reasonable doubt. However, examination of the witnesses and conclusion of trial would take its own time.
You have option to seek discharge or get the charges quashed by the High Court, if the averments in the charge report taken as a whole and accepted in their entrety does not constitute the offence, as alleged.
T. Kalaiselvan, Advocate
(Expert) 21 February 2020
1. You can file a perjury case against her if she has sworn before court before producing the false evidence.
2. You can use her own evidence to nullify her claim in all cases she has filed against you.
3.If the 498a case stage is 'trial' then the quash petition may not be entertained by high court at this stage
