Balaji (Self) 13 June 2015

498a

Hi Sir, Wife filed 498a on me and later again wife and her parents given statement on my parents for harassment and Dowry. Police came to our house to arrest my aged parents and harassed for Money and threatens like if we don’t give money to in-laws, they are going to add my aged parent’s names to 498a Chargesheet and kill us, when we have stay order from High court. It happens second time to us. My wife and in-laws colluded with police and giving false statements and police are always coming to our house harassing me and my parents.

Police came to our house to arrest my aged parents and harassed for Money and threatens like if we don’t give money to in-laws, they are going to add my aged parents’ names to 498a Chargesheet and kill us, when we have stay order from High court. Is it possible to me file case on only wife, in-laws and relatives but not Police If so, Please advise. Thanks

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5 Replies

saravanan s (legal advisor) 13 June 2015

if you have got a stay from their court against the arrest then whatever the police did amounts to contempt of court.you can take it to the notice of the court and also you can file a complaint against the erring police with the dcp office.

if your wife or inlaws are threatening you then you can file u/s 506 ipc for criminal intimidation

SAINATH DEVALLA (LEGAL CONSULTANT) 13 June 2015

Just 3 days back U posted the same query "Private complaint u/s 420,406,506,r/s34"

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 15 June 2015

Mr. Balaji,

Sorry to say that you have been advised by lot of experts in this forum properly,

yet you are showing confusing attitude.

Why do you remain always confusing?

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

pujari 15 June 2015

I and my wife separated amicably By separation agreement ,on which she agreed to a divorce by mcd after one yr separation,i gave her a substantial settlement amount she gave me exclusive custody of our child and left the home , after 7 months my dad expired ,thinking that i have inherited a lot of property and money from my dad , my wife filed rcr, 498etc , in retaliation i too filed rcr , got arrested out on bail figjting 498 ,rcr from her side, what do do abt rcr from my side Lawyer advising to keep my rcr valid till disposal of 498 what to do Plz advice

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 June 2015

Mr. pujari,

Did you get your divorce certificate?

If yes then you lawyer is seducing you.

Assuming that you have already got divorce certificate, you should not file RCR. Please withdraw RCR by giving a put-up petition. RCR is compoundable and you can withdraw it any time. You can do it in-person (Without advocate) also.

498A is non-compoundable hence she can’t withdraw it.

The only option is speedy trial. Sample petition of speedy trial is available on my links. Please appear in HC and get expedient trial order.

After 498A dispose of, file defamation against her and file constitutional right violation case against the STATE.