Complainant not turning up in court in false 498a!!

the other party must be having a knowledge of the police report...if they dont turn up then certainly the court will discharge you.

you may sue the complainant for malacious prosecution later on.

but my sincere advise is to resolve the matter either way...whether divorce or continuance of marriage...but all amicably....court processes are long...so try to conclude the things as soon as possible.

After submitting final report by the police  and if your wife would not challenge then court may dicharge you.It is better for you to file a suit for Divorce on Mutual consent .You are lucky that  your wife did not file a maintenance case against you.

Who said that my sister-in-law just filed 307, 498A....she has filed DV, 125,etc...etc...too!!

Hi Members,

Request you to advise what steps can we take if Final report is not accepted in court.

Thanks!!

This is an open forum an advice given by the lawyer which may be benefited by the opposite party.

@Shruti

Pls see the following post

https://www.lawyersclubindia.com/forum/Missing-complainant-in-criminal-transfer-matter--42980.asp

sanjeev

1) What can be their motive for not turning up in the court(I am sure they are not scared and will challenge Final Report for sure since they want to extort a huge sum from our family by harassing us in some or the other way)?

It is a matter of speculation only as to why they are not appearing. Maybe the complaint was so vague and misconceived that they have accepted the fate of final report.

2) What if they don't turn up in court even on next(last) date?

The court can discharge you and accept the report.

3) Can they challenge Final Report and get it converted to Chargesheet even without having any proofs?

Yes and No for conversion to chargesheet. It is a matter of merits. But they can always challange the Final Report

4) Do we need to take bail if Final Report is not accepted in court?

Yes, indeed.

5) Can we challenge the magistrate's order of not accepting the Final report if he doesnt accept Final Report? And under what sections?

Yes, your lawyer would be well versed with the same. You can go for quashing the order, writ and just revision of it. But the axact section can be told after seeing the order only. Don't try to put cart before the horse.

6) Once the Final Report is accepted in court, how can we proceed further to punish my SIL and her family in harassing us in this false case?

You can file for malicious prosecution/ defamation and many other things as per the merits of the case.

7) If final report is accepted in court, then can the same Magistrate start proceedings against this lady and her family?

No. He won't

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com