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fight4justice (world)     29 January 2015

498a : serious issue : misuse casued grave threat to life


Respected Ld Members....



My query is serious and please help me with your comments/suggestions.

1.  A's  Wife filed  totally false fabricated 498a FIR  five months back.
2. A's Wife  mentioned A , A's family and A's extended family. i.e. A's  Married Sister, A's Brother in law.(who has kids and middle class family...)

3. Now, as A's Sister and BIL  were falsely implicated in 498a (with added false molestation charge), A's Sister was under lot of mental toruture/stress... and thought of arrest and  criminal cases went on her mind..even after telling her be cool relax.

4. Finally, She got so much tensed that She met with serious accident and got serious head injuries.

5. Now, This is serious life threat to her. 

What  A can legally do now :-

 Now, A's wife has filed false 498a and not taking any action ...like CS filing and proceeding with case..but just pressuring  mentally to A and his family...emotionally and blackmailing for huge amount.   Once A's Sister recovers, A's Sister wants to file 498A with all those details from A's Sister on A's Wife and A's wifes family members for  causing serious  life threat to A's Sister.


Can this be admissible and all prima facie are there...  Please, guide comment... as IF  A don't take any action now...This is going to  repeat for A's rest of  family members....    For no fault...Their life is in danger...

IF A;s wife's  case is true then SHE SHOULD GO AHEAD... or A's SISTER';s LIFE got in danger due to false case..and was almost Gods grace...she got very close shave , still she is in danger zone of recoverting... got memory loss as of now...   A wants to really file a CASE with all these details....

Please comments...

 



Learning

 6 Replies

saravanan s (legal advisor)     29 January 2015

first of all a's sister cant file 498a on a's wife.it can be filed by a woman only on her husbands family.do one thing just create evidences against a's wife through call recordings when u speak to her or her family through phone and by all other means which could be used to prove their true intentions.apply for anticipatory bail to all of them who were mentioned in the fir.if 498a case is proved neagtive against you all your sisters husband can  file cases for criminal intimidation sec 503,506 and sec 499

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

Under the given situation you have no other option than to fight the criminal case on merits.  As wife is not responsible for the accident occurred to A's sister.  A's wife has lodge a criminal complaint with the police and the police have registered the complaint u/s 498a IPC.  Now it becomes a state prosecuted case.  A's wife has no role to play in filing of charge sheet before the court by the police nor can she pressurise the police or court ot dispose the case fast.  Her next duty is to just depose her evidence in the state prosecuted case.  She cannot be held responsible for any debacle that may happen in the A's house or with his family members.  Follow the case properly and challenge the same on merits in your side.

fight4justice (world)     01 February 2015

Superb Both Sirs....

Just got it clear. Now, I can repharse  query in light of this scenario as :-

Respected Ld Members....



My query is serious and please help me with your comments/suggestions.

1.  A's  Wife filed  totally false fabricated 498a FIR  five months back.

2. A's Wife  mentioned A , A's family and A's extended family. i.e. A's  Married Sister, A's Brother in law.(who has kids and middle class family...)

3. Now, as A's Sister and BIL  were falsely implicated in 498a (with added false molestation charge), A's Sister was under lot of mental toruture/stress... and thought of arrest and  criminal cases went on her mind..even after telling her be cool relax.

4. Finally, She got so much tensed that She met with serious accident and got serious head injuries.

5. Now, This is serious life threat to her.

What  A can legally do now :-
1. what cases He can lodge now...to protect his  family...

2. after wife's 498 what all remaining cases A can file ?... should they be registered now and kept on stay ?

3. or anything you wish to suggest....

Thanks a TON...
 

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

I would like to repeat my same answer to your subsequent post too. Only getting the 498a case dismissed as false case that you (A or his family members) can think about filing a defamation suit/case.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 February 2015

Proving the link between Accident and 498a is not going to be easy.

 

Better look at defending the case.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

1 Like

fight4justice (world)     05 February 2015

felt Damn Good to get your Guidence My Life Savor Shonee Sir... Thanks a Million....

yes, Fight is on... for myself...for my family.... against who ruined my life ...still trying to ruin my future ... my family and my extended family's life.....  I will fight and show to hon'ble court... how someone thought how easy/cheap is ruining someone's life.... 

 


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