In 498a,406 - Can we file counter cases without waiting/depending on chargesheet?
Querist :
Anonymous
(Querist) 20 July 2011
This query is : Resolved
Respected Sirs,
Wife has kept lot of allegations in 498a,406 case against me.
Out of 10 allegations, only 1 is right.
rest are all non related to dowry/physical or what ever kind of harassment.
Can we file counter charges against her immediately without waiting for the police and their investigation/chargesheet?
1. If yes, what are the best cases to counter?
2. What are the do and donts if we go for filing a QUASH?
Devajyoti Barman
(Expert) 20 July 2011
What do you mean By counter charges?
If they have committed any offence then you could file such case without wasting any time.
The only de merit the case for quashing has that the trial would be delayed if you can not succeed in the High Court.
THANKACHAN V P
(Expert) 20 July 2011
I too do not know what you meant by counter charges?.If you have any complaint against her, you can file complaint either before the Police or before court directly.
1. we cannot advise you for "counter attack" without knowing the entire facts of your case.And it is not fair on our side to cook up 'best cases to counter'
2.There are no dos and donts in 482.If you can convince the HC that your wife has failed to make out a prima facie case against you ,the 482 will be allowed.But it is very remote chance for quashing the charges levelled against you because in matrimonial offences only the evidence of the wife and their relatives is sufficient for conviction.
Querist :
Anonymous
(Querist) 20 July 2011
Counter charges means
1. defamation
2. false 498a allegations
etc etc,
Yes i agree that you do not know the actual facts in my case. I should take some time and will try to send you my detailed false 498a FIR but in a brief way.
Querist :
Anonymous
(Querist) 25 July 2011
Yes means,
you are confirming that "We can file counter charges (say defamation, false allegations on the streedhan, dowry or any harassment) by using the 498a FIR/complaint made by my wife?"
Am i right?
Can we use remand copy made by the police to go with the QUASHING ?
Both the above things do not need any dependency on the chargesheet to get filed?
pls clarify my questions?
Shastri J.K.
(Expert) 26 July 2011
Iagree with mr.Ajay Bansal.
You can file petition for quashment of F.I.R. on reasenable graunds. And also u can file counter case if u have reasenable graund.
