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Vijaymbhave (It Developer)     29 March 2010

Punishments after 498a acquital

Once 498a case is acquited in a court. what are the counter cases that can be filed against the wife?

Please also send some judgements or refered cases or links.

Thanks

Vinayak



Learning

 8 Replies

jyotirmaya behera (advocate)     29 March 2010

you read at that site -: https://mynation.net/study-report-498a.htm

S.B.adil rahman (Legal Consultant )     15 April 2010

There are many ways to bring to book the culprits who file false cases under 498A IPC. The misuse of section is increasingly on rise because the accused persons after acquittal do not go for counter cases for implicating them falsely under the Act. The first remedy is section 220 IPC against the police itself which arm twists the accused persons either for extortion or for other reasons. Mind it that arrest is not mandatory simply because the offence is cognisable.Second step against the police is filing of case under section 218 IPC for faulty investigation resulting in harrasments. Third section is 182 IPc against the complainant for lodging a false or fabricated complaint. 4th quick remedy is applying for compensation after acquittal before the same Magistrate where the case was heard. Also there is no bar if the case is filed for compensation in civil court for mental harassment, physical confinement and torture under the law of torts. 

a.b.natraj (inicitar)     29 January 2012

 

Hi Friends,

I seek your help in this matter.

1) If a person has been acquitted in any criminal case and wants to lodge a complaint under section 182 IPC against the complainant. What are the options with him.

2) What if the police is not ready to file the case u/s 182 IPC against the complainant?

3) How and under which section can the person approch the court to get justice for himself.

4) how to file a complaint as per s182 of ipc can we give in our complaint to book under s182 or the decision rests with the police or should the judge direct the police can anyone please suggest and advise

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 January 2012

repeated query, stick to one thread dear.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravindra (Analyst)     30 January 2012

Hi u can file below mention cases

120A/ B: Criminal Consipracy,
191: Giving False Evidence
192: Fabricating False Evidence
199: False statement made in declaration which by law is recieved as Evidence
200. Using as true such declaration knowing it to be false
203. Giving false information respecting an offence committed
209. Dishonestly making false claim in Court
211. False charge of offence made with intent to injure
321. Voluntarily causing hurt
378. Theft
380. Theft in dwelling house, etc
403: Dishonest misappropriation of property
405: Criminal breach of trust
499: Defamation
500: Punishment for Defamation:
503: Criminal Intimidation
504: Intentional insult with intent to provoke breach of the peace
182: Giving False information to public servant:

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 January 2012

First of all the opponent / PP can file revision against aquital with request for cancellation of bail and/ or  rearrest and custody  till appeal is heard and decided.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Most the cases quoted are not maintainable.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 January 2012

 

Weak attack first and hence they have potential to loose since power of defense is perpetual.

It is misnomer that by 498 a, DV or even hefty maintenance the spouses  are happy or will remain happy. They loose the moral strength and pass remaining life in guilt and can never adjust with any body else.

Had these spouses shown patience they had potential to make you slave in your own dwellings. Toil to earn and spend more and more on her still with a label of exploiter in your own eyes.

So please do not remain over confident that cases against you are dismissed so you got complete clean chit. Revision / appeal can be filed and or new FIR can be given. If it happens it will be more lethal than earlier ones. YOU HAVE COME OUT OF TURMOIL, NOW KEEP QUIET AND TRY TO LIVE LIFE.IT WILL STILL GIVE YOU ABUNDANT OPPORTUNITIES., IF YOU CAN CORRECT PAST MISTAKES.

 

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