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HK (Job)     26 August 2024

Fake 498a case against me and my family member

My wife has filed a fake dowry case complaint at the Women’s Cell and has asked for an FIR to be filed. The last date for the hearing is next week, and they will likely insist on filing the FIR instead of opting for a mutual divorce. Should I take an advocate with me, and should I apply for anticipatory bail before the FIR is filed? They didn't allow me to take a photo of the complaint, and my wife’s cousin said to me in front of everyone they had to file the fake complaint to make the case against you.



Learning

 7 Replies

Sumit Nagpal (Advocate)     26 August 2024

The Hon'ble Supreme Court of India and various Hon'ble High Courts have taken a stern view on blatantly filing an FIR in the case of 498A. The police officer would unlikely to file an FIR against you or your family members unless influenced by extraneous circumstances. The police officer/IO would also hear your version before lodging an FIR.

You can file an Anticipatory Bail Application if you have strong apprehension that FIR is likely to get registered, however, the chances of the Application being allowed at this stage is a bit tricky which depends upon the facts and circumstances of the case.  

 

HK (Job)     26 August 2024

The last hearing at the Women’s Cell (Uttar pradesh) is next week, and now I’m confused. If an FIR is filed on the day of the last hearing, can they arrest me on the same day?

T. Kalaiselvan, Advocate (Advocate)     27 August 2024

Since they have fixed the date for inquiry on the next date, you may appear before them and participate in the inquiry section, cooperate with them.

If you apprehend arrest then you may be accompanied by a lawyer who will bring you out of the police station safely in such an event after which you can file an application for anticipatory bail.

HK (Business)     27 August 2024

Can I file anticipatory bail before going there

Real Soul.... (LEGAL)     27 August 2024

Get an aticipatory bail and only then appear in PS .

HK (Business)     27 August 2024

Its women cell where they decided that FIR will be filed on next date

P. Venu (Advocate)     27 August 2024

Police have no powers to arrest just because an FIR alleging offence undr 498A filed. Why you should rush to get anticipatory bail if the allegations are false?


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