Falsely involved in a 498 case
Victim_1979
(Querist) 08 April 2013
This query is : Resolved
One of my friends name is wantedly mentioned in FIR but not considered as an accused, what is her position in that case..
My friend and her classmates were in love with each othe but unflortunately they couldnt get married and that guy married another girl..
That guys wife some how got all the mail conversations between my friend and her husband that they sent to each other befir his marrriage.. she booked her husband and his family under 498..
Although my friend stopped all the contacts with her friend after his marriage, his wife falsely mentiond my friends name in the FIR stating that my friend and her husband have a iilegal affair... This is not true since is friend is staying in new delhi and those people are staying in chennai...
So help my friend... her name is mentioned in the FIR but not in accused list... so whats her situation regarding.. is she safe.. please suggest her waht precautions have to be taken by her to come out of this worst situation which is created by her friends wife... why should my friend suffer for no mistake of hers... please guide...
Devajyoti Barman
(Expert) 08 April 2013
If his name has been mentioned in the FIR then he would be an accused person and would be so in the charge sheet.
Victim_1979
(Querist) 08 April 2013
but my friend is innocent.. she is not in contact with this after his marriage... how can his wife blindly include my friends name although she is staying away from them.. its purely wrong allegations.. even the person who filed the case know this.. how can all these be done...
prabhakar singh
(Expert) 08 April 2013
Dada!
his friend is 'SHE' not 'he' AS YOU SUPPOSED
aNYWAY vANDU JI!
IF SHE IS NOT IN ACCUSED LIST SHE DOES NOT
NEED WORRY SO LONG NOT CALLED BY COURT.
Raj Kumar Makkad
(Expert) 08 April 2013
As your friend has not been included in the list of the accused persons, what more you require?
Leveling an allegation is very easy but it is more difficult to prove. The wife of your male friend could not prove her allegations against your female friend even before police authorities and the police accordingly found your female friend innocent to the alleged crime so no prosecution is pending against her.
Even if your friend wants to initiate any action against the complainant, she can do so by visiting Chennai at least for 3 years for the litigation.
Victim_1979
(Querist) 08 April 2013
but sir the wife mentioned about the emails that were exchanged by my friend and her husband, that were exchanged between them before his marriage... she is using those mails as the proof and cooking up the stories against my friend and her husband.. FIR was filed almost 5 months back.. but till now none either lawyers or police or his wife has approached my friend in this regard.. no one enquired my friend regarding this issue..
is my friend safe sir.. please tell me sir...
Victim_1979
(Querist) 08 April 2013
how many days does it take to file a chargesheet after registering FIR...
Will the persons mentioned as accused in chargesheet get notices....
Raj Kumar Makkad
(Expert) 08 April 2013
There is no such time limit and the accused person against whom the police finds sufficient material to arrest, gets arrested and is produced before the concerned court and further process runs.
Victim_1979
(Querist) 16 April 2013
sir what does the following sections means...
IPC-498-A and DPA-4 and DPA-6 ...
how time does it take to get a final verdict in case of a person whos is booked under these sections...
what kind of punishment/imprisonment a person gets who is booked under these sectoin..
does an illegal affair between two persons come under these sections...
Raj Kumar Makkad
(Expert) 16 April 2013
Your subsequent queries are purely academic. You are advised to read law books for the reply to these unrelated questions with your matter.
Victim_1979
(Querist) 16 April 2013
Sir, pls reply me.. Because these are the sections under which the husband has been booked .. And my friend is really worried because she came to know that the charge sheet has been filed on the guy and his entire family.. We dont know my friends situation regarding this chargesheet , because till now no one has approched her regarding the case after the FIR had been filed 5 months back in which my friend name was mentioned that the guy is having an illegal relation with my friend which is not true.. My friend is really worried whether they are going to involve her in this wrong case/ charge sheet..
So please reply me sir what does these sections mean..
Is my friend going to be safe as no one (neither police, nor lawyers nor the wife) had approached her till now
Raj Kumar Makkad
(Expert) 16 April 2013
As already replied, you friend is safe and you also do confirm it. Even you dont know the latest from your friend side. Let your friend raise his problem. Why are you so worry about her more than her?
Section 498A is meant for harassment to wife and DP Act is meant for demand or dowry and your friend do not fit in both these sections so she is safe.
