Sandy (AST) 30 November 2014

False 498a,rcr,dv case on me..please help.

Dear Experts,

My wife left Bangalore on June Month, she given application for 498A in July month and FIR for 498A,406,34 and 3/4 logged in September Month. after 498A she files RCR on me and in the month of November she filles DV case. Detail are given below.

I file RCR on my wife and My Wife files three cases on me and my family.

1) 498A against 4 member (me,mother,father,sister) of my family.

2) RCR on me.

3) DV case on 6 member (me,mother,father,sister,my brother and sister in-law) of my family.

Question: 1) what is the impact on my cases when she file RCR.

Question: 2) I want to go for Quash DV case because my wife was staying with me in Bangalore. she wanted me us to harass mentally, physically , economically that's why she filled all person name.

Note: My Sister stay with me, My mother and father came Bangalore for Medical and they stay with us approx 1.5 month. my brother and sister in-law never stay with us. all cases in different state. no case in Bangalore.

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11 Replies

Sandy (AST) 30 November 2014

Mr Rohit Replied this:

1. The fact that she has filed a petition for R.C.R. then in that case this facts can demolish her complaints u/s 498-A, 406, 34 of I.P.C. & 3/4 of Prohibition of Dowry Act and as well as under D.V. Act .

2. This shows that though she wants you to live her yet she complains of such offences and that makes these complaints as false.

3. File an application u/s 482 Cr.p.C. before the H.C. praying for quashing all these allied cases on the grounds of the fact that she intends to live with you though she has deserted you. Your application will survive.

Sandy (AST) 01 December 2014

May I expect Reply from other experts.... Note: Allegations are same or adding extra alligation in each Report or Application or petition..

Sandy (AST) 01 December 2014

May I expect Reply from other experts.... Note: Allegations are same or adding extra alligation in each Report or Application or petition..

Sandy (AST) 01 December 2014

Team please guide me...

Anand Bali Adv. (Advocate Solicitor & Consultant) 02 December 2014

Dear Sandy in your narration of the case you have mentioned that "she files RCR on me" and then you yourself mention that "You also filed RCR"...it seems some thing not clear in your narration of the case, only then a proper advise can be made.

A RCR from the wife's side within the light of the other 498A and Domestic Violence cases itself negates her charges on you. It is better if the situation is like this you apply for the quashing of the criminal cases against you in the HC if these will be pleaded well there, cases can easily be quashed.

Sandy (AST) 03 December 2014

Hi Anand, Yes, First I file RCR after that my wife filled 498, RCR, DV three case on me and my family

Sandy (AST) 03 December 2014

Any Other Reply.....Let me know if you guys need any other info.

T. Kalaiselvan, Advocate (Advocate) 05 December 2014

Though you state that your wife left Bangalore, you have not stated that where do you stay and where did she file the cases against you?, Further, if you filed RCR against her you may very well challenge her other criminal cases properly because of the fact that almost all her cases would have been averred with the same contents without properly eliciting the charges and grounds in any of the case and may not have defined proper reliefs in any case but has filed those cases for the purpose of case (?), if this observation s right, you can very well challenge the case properly befre the court with the help of skilled lawyer and can get the cases dismissed. Trying for quashing the cases through high court will be wastage of time, money and energy because these become routine issues hence the high court may not even entertain the case. discuss with your lawyer with your own ideas about the issues and decide.

1 Like

ragz hyder (PM) 05 December 2014

Get bail for yourself and parents and all accused. Make sure your petition is separate from others. Rest is cat and mouse game. in india even hearings take 6 months gap.

fighting back (exec) 06 December 2014

@sandy...........you file RCR and she Files RCR, then why are you fearing, you want to live with her via her RCR, she is ready to live via her RCR, then why are you hesitating, you have invited your 498 a lady back to your house via your lovely rcr invitation. and she is ready to come too.........

Sandy (AST) 08 December 2014

Hi Fighting Back,

once she left from my house then I filled RCR, I don't know she will file all those cases on me and my family. meanwhile she filled complain in CAW. and after counseling she filled 498A then RCR and now DV case.

now i don't want to take her back. what should I do??