False 498a and 304b case
Sachin
(Querist) 20 October 2013
This query is : Resolved
Dear Sir,
My wife committed suicide 2 years after our marriage due to some misunderstanding between us. My in-laws have have filed false 498a & 304B case on me and my family. Now they are asking for hefty money for settlement.
If we give that money my in-laws will come to court and say that we had not demanded dowry from them and my wife's death is due to some misunderstanding and illness.
As the case is so gender bias even we have not demanded dowry but to prove that we don't have any evidence so more chances are there of conviction.
So have decided to give my in laws the money.
My query is - If my in-laws admit in the court that neither me not my family members had demanded dowry and her death is due to lack of understanding.
Once we get the acquitted order copy, Can I file any case on my in-laws for filing false 304b case on us and harassing us?
Please advice.
ajay sethi
(Expert) 20 October 2013
98%of 498A cases are false . in fact one of judges remarked it is legal terrorism . if you are innocent fight 498A case on merits . refuse to pay any amount to your in laws
Sarvesh Kumar Sharma Advocate
(Expert) 20 October 2013
It depend the findings in your judgment , he acquittal based on benefit of daught then no .
Sarvesh Kumar Sharma Advocate
(Expert) 20 October 2013
It depend the findings in your judgment , he acquittal based on benefit of daught then no .
Sachin
(Querist) 20 October 2013
Thank you all for your advice.
I understand that we need to fight against such people and I would have done it if I was alone in the case but they have filed case on my aged parents and married sister and even if I win in lower court they will go to HC & SC and I dont want my aged parents and sister to pass through harassment further.
Do I need to tell my lawyer that to get the statement from my in-laws in such a way that the judgement should not be on benefit of doubt.
Any suggestions to get the judgement which should not come as benefit of doubt as my in-laws are agreeing that we have not demanded dowry?
ajay sethi
(Expert) 20 October 2013
dont make any payment now . deposit money with your lawyer . pay only on acquital if at all you want to pay
ajay sethi
(Expert) 20 October 2013
it is your call . go by your lawyer advise . he must have gone through the allegations made in complaint and evidence in support of the allegations made .
dont make any payment now . only if you are acquitted make payment . the money can be deposited with your lawyer .
R.K Nanda
(Expert) 20 October 2013
nothing to add more.
Sachin
(Querist) 20 October 2013
Sirs,
Do I have any option to file a case on my in-laws if we are acquitted WITHOUT the benfit of doubt and come out clean?
If yes which case I can file?
Please advice.
Devajyoti Barman
(Expert) 20 October 2013
Case against your in laws has hardly any merit.
Rajendra K Goyal
(Expert) 21 October 2013
There seems to be no merit against your in laws. All depends upon the judgement. It would be better to get rid of all these.
Raj Kumar Makkad
(Expert) 21 October 2013
You have no merits against your inlaws after your acquittal so better to get rid of as desired.
Adv Vikramsinh Mohite
(Expert) 22 October 2013
Dear Sachin,
Mr. Sethi has rightly advised. Most of the cases are false. Even judges know it. If you are innocent, fight the case and let them know it is not possible to extort money by misusing law.
Dhayalan 9894551170
(Expert) 22 October 2013
Dear Sachin,
See after u getting the acquittal from the charge.. u just leave that matter and start new life...!
K i just answer ur question...
yes you can't file the case against ur in law's and it has no weight of evidence... Because all the defense is against the prosecution only and not against ur in law's.
If u need that u want to file the case against ur in law's then u can file the private complaint...!
Sachin
(Querist) 24 November 2013
Dear Sirs,
After agreeing my in laws that we have not asked dowry and wife's death is not because of dowry. After acquittal from lower court.
After taking money from us, Can they again have any opportunity to go to high court saying they have not got justice?
If yes, will it stand in HC?
Devajyoti Barman
(Expert) 25 November 2013
No, after taking money they can not go to higher court specially if they have taken money.
ajay sethi
(Expert) 25 November 2013
no it wont stand in HC
Sachin
(Querist) 03 December 2013
Dear All,
I got acquitted in 498a & 304b case as it was a settlement, my in laws said we had not asked any dowry and daughter committed suicide because she was suffering from some illness and could not bare it.
As we are acquitted but still court took a bail bond surety from us. is it a regular law even after acquittal do we need to give the surety?
When I asked about this to my lawyer he said any public prosecutor again reopen the case so we need to give the surety is it possible to reopen the case and send a notice to us when complainant and family members have said we have not taken dowry?
Kindly suggest.
Rajendra K Goyal
(Expert) 03 December 2013
Agree with the expert Devajyoti Barman ji, case is unlikely to be reopened.
Sachin
(Querist) 03 December 2013
Thank you experts.
Is bail surety after acquittal from lower court is also a regular court procedure?
