(Guest)

498a case details – fight or compromise?

Hi,

I am sharing my 498a facts and looking forward to your valuable guidance.

Police has registered 498a & 506(2) stating dowry harassment and attacked wife in broad day light on the streets. Charge sheet contains only 15 lines (half page), but 161 statements from 5 witnesses are at full length of 3 pages from each. Same content copy pasted for all witnesses, just names are changed.

I have been thinking to fight it out as long as it takes, since it is a false case. it is very clear none of the witnesses will turn out to the court as they know me more than 25 years, and crude behavior of newly arrived girl to the family. Police has added the witnesses without their own knowledge except few. i dont know how is this possible, but two witnesses claims to my parents they don’t know about being witnesses in the case. is this possible?

I came to know that the person signed mahazar lives 10 km away from our home, looks like police has roped in him, since none from our neighborhood signed mahazar for this false case. It is written in 161 stmt that he used to come to house next to us (a tenant moved in just 2 months before), so he and the tenants are eye witnesses. I dont know who is he at all. There was no such incident, and inspector had told me wife is not injured and no medical report, but police still went ahead filing the case (claimed pressure from someone, don’t know who). Police at least added few facts like no jewels are with the husband, and 161 statement from wife/wife's mother also says the same.

grounds of merits – (1) there was no injury & medical report to support the same. but complaint says injured her with knife on her face/arms multiple times (2) secondly false witnesses - how the person no way related to the family and lives 10 km away knows the things, (3) thirdly all jewels of wife are with her only.

I have provided my complete scenario. Could you please provide any inputs/suggestions based on the facts above? Critically - what is the best way to handle this case – Fight or Compromise instead of running the case for 5 years.

Thank you for your time.

Note: i did not go for quash in HC, planning for discharge petition when case is started. but, lower court lawyer is saying case details like witnesses could be discussed only after framing of charges in the court. so, i would like to see possibilities of coming out, and can not take ailiing parents to court every 4 weeks. but, i am decided not to live with such inappropriate girl for rest of life.

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5 Replies

jaig 27 June 2016

First thing get anticipatory bail for parents, should be very easy. Why would they attend court every time ?

I am not legal expert, but your fundamental question - whether to fight or not, is also not a legal question I think so I can give my advice, it depends on you. False 498A cases like will definitely ends in acquittal and you'll win. The problem is how much you'll loose in the process - time, energy, money, peace. This is how this game works. Very few people have gutts to endure this stage of harrassment and want to get rid of it quickly and come to compromise. But those who do, they win and proudly come out. It's your decision, if you plan to remarry soon, many ppl will suggest compromise.

In case you fight, I'd say appeal for speedy trial once it starts, to dispose within year, see forum topics you'll get plenty of details.

Shekhar (Proprietor) 27 June 2016

Loosing life, this is the standard format of 498A complaint. Understand that because of these complaints, the jaw of 498A fails. Further the direction from high court for. Speedy trial will fall on deaf ears of trial court. Even if you try for discharge, you will not be discharged. Infact you will be charged and the case will be put on trial. During the trial and cross examination only truth will be established. Then the aqquit. Till then nothing in your hand. Only thing in your hand is compromise/ settlement, which can lead to dismissal due to withdrawal of complaint. You have only these options. I am also vitim of 498A, with similar complaint. It is under trial. Face it or settle the dues to wife. Till then enjoy bachelorship. Regards, Shekhar Babu, Bangalore, +919731110296.

(Guest)

Thanks for your valuable suggestions, sir.

1. Wife has not come forward for settlement / compromise yet. is it a good idea for me to initiate? wouldnt this back fire as if i am wrong person in the eyes of court?

2. can police add witnesses without knowledge of witness himself

3. why the charge sheet is so simple, when compared to 161 stmts?

4. according to many articles read - quash and discharge both are waste of time. speedy trial also will not happen.

5. i have only option is to show that i will win anyway, and ask her to come for compromise. not sure to how to start though.

Khush 27 June 2016

well if you really thinks that the charges in chargesheet can be prooved easily in court, then only u r in danger...........

if u think 498a complaint is false, charges are false and you have done nothing wrong with your wife than you need not worry. ultimately you will be acquited definitely.

lodging a false 498a is for extracting huge alimony. its upto u, if u want to pay unreasonalbe alimony then go for compromoise

otherwise just relax, record all conversations if u hv any with ur inlaws family, u should keep patience if u want to settle this in reasonable amount, you should not approach them first, let them approach you and this will deifintely come

A walk alone (-) 27 June 2016

1) its good if she come for settlement try to negotiate her for MCD because you have also to spend money in court cases and in lawyer and in court you will loose time also then why not negotiate her via MCD. Try MCD on your terms and conditions. If she is ready then its good otherwise wait for sometime she will herself agree.2) no police can't add witness without knowledge of witness.3) generally statement are in detail 4) quash and speedy trial is not easy that why I m suggesting MCD.5) never show your weakness behave like you will win after sometime she will herself come for MCD.