False 66a , but acquitted due to repealed law - how to get justice ?
nandanm
(Querist) 15 June 2015
This query is : Resolved
Hi Experts,
I am currently fighting a 498a levelled against me by my soon to be ex wife. The case is going on since last 3 years.
2 years back my wife put a 66A case on me.She wanted to pressurize me in to giving her some astronomical amount as alimony. However, I just got acquitted from 66A case, as it was the only charge in this case, and that 66A has been repealed. The case in itself was almost complete, with all trial and arguments. But since the Supreme Court order came right after that,I was acquitted on basis of repealed case rather than merit.
Our side has been incredibly strong, as the prosecution has totally messed up their part, primarily because they didnt have any evidence, their only witnesses were the police IO and DCP. Both the witnesses stated that they have not done the investigation and pointed at each other. Moreover, in the chargesheet they mentioned a hard drive , supposedly seiged from me, which is a complete lie, and they could neither reproduce the HD nor could tell when it was seiged , and by whom. Basically, the whole prosecution reeks of malice.
Its appaling how police sides with the women on frivolous and false claims and just puts cases without any investigation. I lost 2 of my precious years of productivity, got bad reputation in my company and my prospects of joining another company are almost nil, as which software company will hire a guy with a allegation of IT crime ?
My wife has effectively runied my career.
Can anyone tell me what steps can I take now ?
1. Approach Human Rights commission - to complain against the police for misuse of power, against my ex for submitting false allegations ?
2. Approach criminal court and file a case of perjury, defamation, malicious prosecution ?
3. Approach civil court and file for damages ?
Now coming to the question of if I can file for damages (3)?
Well, with my little knowledge in this regard, I know that a claim for malicious prosecution needs to have 4 elements :
(a) That Criminal proceedings were instituted and continued against him by the defendant;
(b) That there was no reasonable or probable cause for the defendant instituting those proceedings;
(c) That institution of such proceedings was malicious; and
(d) That those proceedings ended in his favour.
I am pretty sure of the first 3 points a,b,c can be substantiated in the court. However, since 66A was repealed , will point (d) hold true ?
Going purely by technical terms, the proceedings indeed ended in my favor. So by that logic I can argue that point (d) is also satisfied.
Sirs,I really need suggestion from you experts on this. If I can successfully file a damages case, she might consider withdrawing the 498a and also settle amicably for a mutual divorce. Unnecessarily my old parents are being dragged to the court, because my wife has made them accused too.
Kindly respond to this with your opinions and please help me out :(
thanks
Nandan
Anirudh
(Expert) 15 June 2015
Nobody can stop you from approaching you any forum.
But, you will not succeed in any of your approaches, for the simple reason your case lacks merits.
Rajendra K Goyal
(Expert) 15 June 2015
Agree with the expert Anirudh ji, your case has little merits.
