Fake fir in 498 a
Akhalaque Ahmed
(Querist) 06 April 2012
This query is : Resolved
Dear all,
we got married on 09 may 2011. without any reaseon she went to 10 july 2011 to their parents home along with its father. and never come back, we try to take back her but they denied it. on 13 march 2012 she filled FIR (498A, and other sectin of IPc with ACP 107 also), on 31 march police arest my father we also called in police station, police make PCR against us and then we produced in court honarable judge grant us MCR (bail). charge sheet yet to fill. please dear all kindly suggest what are steps should we take to save us from them.
looking forward for your all cooperation
ajay sethi
(Expert) 06 April 2012
we do not know the allegations made by your wife in 498 A case . if your wife has filed a false case you have to contest the case . prove that allegations are false .
you cna also move high court for quashing but you have to make out a prima facie case .
Akhalaque Ahmed
(Querist) 06 April 2012
Ajay sir, they have said in FIR we have demand car, plot and money. after one 7 days of marriage we are demand it. i have marriage because she is only daughter of their parents and both are in goverenment services.
Adv.R.P.Chugh
(Expert) 06 April 2012
Concurring with what Ld.Mr.Sethi said, A close perusal of FIR is required to decide the future course of action. You have the option of filing divorce on the grounds of cruelty as well.
Consult a Local Adv
V R SHROFF
(Expert) 06 April 2012
U have to defend yourself. Usually 98% 498 proved false and in your case too, all of you will be acquitted. but u have to face music.
Now, if wife is only influenced, keep low profile, and slowly settle the matter.
Negotiate, council, let close common relative mediate, and solve any misunderstanding. Forget her slap of 498, if can save your marriage.
Deepak Nair
(Expert) 06 April 2012
Contest the case and defend yourself. Allegations can be raised. But proving allegations are not that eazy.
Just think, how can they prove a false allegation when the trule allegations too are difficult to prove.
ajay sethi
(Expert) 06 April 2012
you have mentioned the allegation is you have demanded car , plot of land and cash .
they will have to prove said allegations . contest said case
Kiran Kumar
(Expert) 06 April 2012
discuss the facts with your local lawyer.
let him understand the facts and allegations in proper manner.
prabhakar singh
(Expert) 07 April 2012
Nothing happens in such a simple way.Some thing must have happened between period 09th May and 10th July which you have not disclosed.The false 498a is the out come of such happening which you need to contest.You
may go for a quash if grounds are there for it.All this can be assessed by a lawyer with personal consultation.Engage a good defence lawyer and get the matter discussed.
Shonee Kapoor
(Expert) 07 April 2012
1. Get bail for everyone.
2. Join http://forum.498a.org/ and start attending local SIFF meetings.
3. Close perusal of the FIR can decide what needs to be done next, whether to wait for CS/ go for Quash.
If you think that undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Akhalaque Ahmed
(Querist) 07 April 2012
Kapoor sir can go for RCR. what are the question should court ask me against allegation. please reply me.
Santosh Goswami,Advocate
(Expert) 07 April 2012
If the FIR is fake on the face of it, then you should go for quashing. There is no point in filing an RCR.Better get the quashing order and then file a divorce petition.
919555462995
Shonee Kapoor
(Expert) 11 April 2012
I have found no merit in RCR.
I have written a detailed article on the LCI forum about the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
