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ganesh (NONE)     27 September 2011

False 498a

Dear Sirs,

I request you to give some advice for below questions and what type of counter cases we can fill.

My brother in-law wife filed false 498A, DP act 3 &4 case against my in-laws family and my family.

Marriage happened in Hyderabad one year ago. 498A complaint lodged in Hyderabad 10 days ago 498a Wife staying in Bangalore since 10 months with her husband (my brother in-law).

1. In the complaint she has given my in-laws address as her residence address (in fact my brother in-law and his wife (498a Wife) stays in Bangalore where as we stay in Hyderabad). Since last 10 months she not stayed in this address. Is this valid complaint?

2. In the remand report police showed 498A wife mother as witness again 498A wife mother address also same as my in-laws address she never stayed in this address.  Can we take any action since she has given false info?

Presently police do not know whereabouts of the 498a Wife* and her mother. Her father expired long ago.

3. In the remand report police stated that accused voluntarily accepted the crime which is false. In fact police did not interrogate the brother in-law (A1). What action we can take against police for furnishing wrong info.

Police have not conducted any counseling before filing FIR/ arrest.

4. In the FIR 498a Wife not signed.  Is this valid FIR if that Wife is not signed on FIR.

5. In the FIR 498a Wife claimed that her mother has given Rs 20 lacks worth of agriculture land as gift ( in fact we know that she  do not have Rs1000 worth of land) . If 498a Wife not given any proof for the police, can we take any action against 498a Wife.

6. If 498a Wife is missing what action we have to take to close the case. (We know from some sources she is hiding because she has given false case and police is asking for the evidence).

7. In the complaint she has not made any specific allegations she made general allegation that “my father in law, mother in law and my husband sister and her husband are mentally harassing for additional dowry”. Is this only word sufficient to book us on 498A and DP 3&4.

If she is not able to produce any evidence (except her mother) how long case will take to close.

 

 

 



 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

 

1. In the complaint she has given my in-laws address as her residence address (in fact my brother in-law and his wife (498a Wife) stays in Bangalore where as we stay in Hyderabad). Since last 10 months she not stayed in this address. Is this valid complaint?

YES IT IS STILL A VALID COMPLAINT.

2. In the remand report police showed 498A wife mother as witness again 498A wife mother address also same as my in-laws address she never stayed in this address.  Can we take any action since she has given false info?

Presently police do not know whereabouts of the 498a Wife* and her mother. Her father expired long ago.

WELL, TAKING ACTION AGAINST FALSE INFO WOULD BE AFTER SOME TIME, AFTER YOUR ACQUITTAL, FIRST GET BAILS AND WAIT FOR CASE TO BE COMMITTED TO COURT.


3. In the remand report police stated that accused voluntarily accepted the crime which is false. In fact police did not interrogate the brother in-law (A1). What action we can take against police for furnishing wrong info.

Police have not conducted any counseling before filing FIR/ arrest.

THATS A STANDARD PRACTISE. THE STATEMENTS GIVEN IN POLICE CUSTODY ARE NOT BINDING.


4. In the FIR 498a Wife not signed.  Is this valid FIR if that Wife is not signed on FIR.

YES, ITS STILL A VALID FIR.


5. In the FIR 498a Wife claimed that her mother has given Rs 20 lacks worth of agriculture land as gift ( in fact we know that she  do not have Rs1000 worth of land) . If 498a Wife not given any proof for the police, can we take any action against 498a Wife.

YES, THEY CAN. WHETHER SHE GAVE OR NOT IS A MATTER OF TRIAL.


6. If 498a Wife is missing what action we have to take to close the case. (We know from some sources she is hiding because she has given false case and police is asking for the evidence).

:-) HAVE PATIENCE AND LET DRAMA UNFOLD.


7. In the complaint she has not made any specific allegations she made general allegation that “my father in law, mother in law and my husband sister and her husband are mentally harassing for additional dowry”. Is this only word sufficient to book us on 498A and DP 3&4.

If she is not able to produce any evidence (except her mother) how long case will take to close.

 

DEPENDS, MAY TAKE YEARS, BUT IN THE ABSENCE OF SPECIFIC ALLEGATIONS ITS A FIT CASE FOR QUASH.


HOWEVER, IF 498-A WIFE IS ON THE RUN, I WOULD ASK YOU TO BE PATIENT AND LET HER FEEL THE HEAT.


REGARDS,


SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM


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