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REMYA MENON (NA)     18 January 2012

False 498 by sis-in-law

Me,my mother & my brother have been charged under 498A and 406 by his wife.It is a false allegation and we have solid evidence against it. Our statements have not yet been recorded by the police. We have already returned the alleged articles in the FIR thro the police station to the complainat as per the courts order. How can I get this worng FIR quashed.



Learning

 7 Replies

Bhawani Mahapatra (Law Officer)     18 January 2012

Simply approach to your High Court u/s-482 Cr. P.C for quashing FIR.

REMYA MENON (NA)     18 January 2012

But that would take a long time. should we submiot our proffs to the Sr pol Ins at our pol station and asked him to approach the complainant to withdraw the FIr since our statements have not been recorded yet?

Sanjeev (Lawyer)     18 January 2012

The case cannot be quashed the trial would need to be completed and you will be aquitted if they are not able to prove the charges against you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

There are no short cuts.

 

Quashing happens on legal grounds only. Consult an effective lawyer before moving HC for quash, most of the time it is waste of time and money.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravindra (Analyst)     18 January 2012

hi

plz read below link its vary useful

https://498afaq.blogspot.com/2009/07/what-after-chargesheet-final-report-by.html

Thanks

Ravinda sonavane

REMYA MENON (NA)     24 January 2012

This marriage is only 2months old and my sis in law stayed with my brother for only 10days. she is a post graduate and is well placed. what does the law say with regards to any alimony to be paid after divorce ? is the husband compelled to maintain the wife even when the wife has charged a false 498A, which we are sure to get acquitted in?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 January 2012

Alimony is decided on various factors.

 

There are many aspects of it.

 

1. Maintenance during proceedings of divorce

2. Maintenabce post divorce.

3. Proceedings under which the maintenance is claimed

4. Earnings and educational level of the parties

and many more

 

And a host of factors play into it. Please disclose more facts to get better answer.

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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