LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Quashing 498a after false complaint at CAW Cell

Querist : Anonymous (Querist) 31 July 2016 This query is : Resolved 
Hi experts,
I have a false complaint made against me under 498,504,506,34. Wife is staying with her parents for more than a year now. A baby girl child have begotten and her relatives and my in-laws are adamant.My wife is 23 years old. I applied for RCR and got back a legal notice from lawyer of my wife that says I have committed a offence of serious nature and she have given a complaint to CAW cell. Me and my sick old parents(69-Father and 67-Mother) were called up at CAW cell of their juridisction area.I knew the nature of my in laws and hence I had secured a 72 hrs interim protection 4 months back. Now I dont want my parents to unnecessarily be part of these fake allegations and appearence in Woman CAW cell.
1.Can I go for quash of this complaint or atleast get a stay or exemption to appearance of my parents from High Court?
2. What is the probability of getting these 498a allegations quashed,Allegations dont show any serious offence, They have sent same notice to 15 of my relatives who are not even related to the case.
3. Shall I file counter cases of Defamation right now? Or shall i wait till My RCR is finalized ex-party(As she is not attending the rcr date , 2 dates are over)

Querist : Anonymous (Querist) 31 July 2016
Please provide your experts opinions
Sudhir Kumar, Advocate (Expert) 01 August 2016
You said

"I applied for RCR and got back a legal notice from lawyer of my wife that says I have committed a offence of serious nature and she have given a complaint to CAW cell. "

Nothing new. RCR is sure and guaranteed tool to compel wife to give such complaint.
Sudhir Kumar, Advocate (Expert) 01 August 2016
as long as you are not acquitted the word "defamation" does not exist in your dictionary.
Sudhir Kumar, Advocate (Expert) 01 August 2016
given facts do not indicate your problem to be dead end. try amicable solution.
Devajyoti Barman (Expert) 01 August 2016
anonymous query is not replied here.
Querist : Anonymous (Querist) 01 August 2016
Thanks Sudhir and Debajyoti.

Kindly throw some light on the probability of getting the complaint quashed? Or at least getting exemption to apprarance of my parents in further proceedings.
Rajendra K Goyal (Expert) 01 August 2016
No reply to query from anonymous author.
Querist : Anonymous (Querist) 01 August 2016
I am sorry. But is there a way by which I can remove the Anonymous tag? Please suggest I am new to forum.
Thanks!
Best Regards,
Kumar Doab (Expert) 01 August 2016
AQ,NO reply.
Querist : Anonymous (Querist) 01 August 2016
Hi Experts,
I have posted the same query again as It was posted earlier as Anonymous.
Sorry for inconvenience.
P. Venu (Expert) 01 August 2016
If the charge is false, meet the allegations on merits.
R.K Nanda (Expert) 01 August 2016
No reply to aq.
adv.bharat @ PUNE (Expert) 01 August 2016
Anonymous query is not replied here.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :