Matrimonal Case - Mawana

Originally posted by : Varun Suri
	Dear All,Would seek your advise on the false cases filled by my wife where she has accused me, my family and including brother under section 498a, 376,377,511 DpA3/4,where she has mentioned that we are greedy person and demand dowery from him and for that we have beaten her many times and my father tried to rape here. This case was filled in 2018 where she has mentiomed that crime has happened year ago and court has taken congiance without applying judical mind as the facts under sec 161 and 164 are totally opposite, against which we have filled revison and that has been denied by the district court. We have not been summonded till now and would seek what shall be done to avoid arrest as case is fabricated and we need justice. She demand 1cr as dowery and i am not calable of paying even i lac. Kindly support. She has filled other cases under sec 125, dv12,406 n 420

Whether you, your brother and other family members have been granted anticipatory bail or arrested and granted bail or in judicial custody ?

Contents of FIR stated to have been registered and challan filed by IO filed u/s 498A 376, 377, 511 IPC and 3/4 of DP Act which is stated to have been taken cognizance by Trial Court. Besides this you have stated that cases u/s 125 CrPC, Section 12 of PoWFDV Act and 406 & 420 IPC have also been filed all these are required to be perused for forming proper opinion and advise/ oblige,can you send a copy? 

You must have sought professional services of a lawyer to contest the case(s), what is his / her advise on the subject, who is well aware about the facts and circumstances of the case(s) and an able, competent and intelligent enough to guide / porceed as required? Have you lost faith in your lawyer and posted this query to seek second opinion and obligation of experts based on limited facts?   

Now that the matter has reached the trial court, the threat of arrest by police no longer exists. You are required to be present as when summoned and subsequent dates. Any inability to attend the Court on the specified dates, unless applied and permitted by the Court would entail warrant being issued.

All the issues needs to be met on their merit; mere assertion of the allegations or charges being false is of no avail.

If the charge report taken as whole and accepted at their entrety does not disclos

ed the offences alleged, the High Court could be approached under the provisions of Section  482 CrPC fpr getting the charges quashed. 

What is the context for Sec 376& 377 IPC? The allegations appear to be too wild.

Proceedings under DV Act and 125 CrPC would be separate proceedings. Those proceedings are not worth being taken to higher courts; they are to be defended on their merits.

What matters is the contents of the charge report. Please examine, through a competent advocate, whether there are grounds for approaching the High Court under Section 482 in respect of all or any of the accused. Your personal knowledge or incidental aspects are of no relevance at this stage.