LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

False case of 498a by wife

 

Hi,
 
Me and my family members (Mom & Dad) are currently a victim of false 498a. My wife has launched a complaint at her mom's residence at 13th January, 2013 stating that me and my family members have asked for dowry and harrashed her. The section they have put is 498a, 504, 406 and  323 on all family members too.
 
As per police she says that we have demanded 5 lakhs rupees from which they have given 1 lakh rupee, then 50000, then 35000 which all are fake and wrong statement given by my wife and her family. We are from Jain community where dowry system was not given any pace in our society. 
 
Police caught me on 13th January, 2013 at 12:00am and they didnt arrested by mom and dad. Next day i got NCR and after 2 days i got a cash bail.
 
Above all i want to tell you how it happened, me and my wife got married on 08th July, 2008 and she was leaving us with almost more then 4 years.
in between her demands for shopping, going to movie, were increased which i full filled as i loved her every much.
 
Little little fights were going on in family, she shares each and everything to her mom and act according as her mom says. After 3.4 years we planned a kid, which was again a mess. So we consulted a doctor and got some basic test.
Result to that test my sperm counts where nominal low from the normal sperm count and she was unstable in her periods. so our doctor suggested us to have a Sonography of her and will get to know how we can go for child. 2 months passed away but she didnt get ready for sonography. And at one day she has yelling on my mom that will go for sonography but why are you in hurry, then mom was calm and said that we have already passed 2 months atleast before your periods we can plan a sonography, by hearing this she called her parents.
 
On 1st oct, 2012 her mom and brother came with 2 of their relatives and at phone we told that please dont bring any relatives, will seat together and discuss. then also she came with relatives, after hearing whole story and fight her relatives where upset on my wife and her mom. 
One of her relative told that please give grant a holiday for 4 days so that she can relax and come back. we were ok in that and they took him away.
 
After that we applied for Anticipatory bail for my mom & dad and then we got a Interim bail for them, on 25th February, 2013 my advocates says that your anticipatory bail is been rejected by judge. (Judge was least interested in hearing arguments and then after 7 days he order rejection of anticipatory bail)
 
In meantime, police were calling me and saying that you come at police station and take your stuff (watch, vallet) i said i am going out of town for 4 days and will come back and meet you, by listening that she says that i am helping you in this case and you want to stay out of town n all. I said you did many favours on me and i am glad that you understood my situation and how they putten up the wrong case, then she says do whatever you want but finally case is with me, i will see what to do.
 
Yesterday we visited police station and meet her, she was very humble, talking very nicely and gave my stuff back. So we asked how can you help us and show us the path to get re-leaved.
 
from 1st Oct, 2012 to 13th January, 2013 my wife was not leaving with me, she was at her mom's place. We tried to call her and her mom many times to settle these issue. But there response were weird and not proper, so we tried calling their relatives to come in between and settle the issue. But they didn't listen to there relative and they never contacted us in last 3 months and never showed there view on the issue or what they want to do.
 
Now, Police Inspector suggested to bring all her ornaments and deposit in police station, surrender my parents and will get it bail on same day.
 
We felt little fishy so we took advice from our advocate, she told dont deposit ornaments to police and dont surrender, let them come to arrest and then will get bail for them.
 
I am very much confused what to do, as my reputation, money, job all are in stake.
 
Please advice me on above issue as early as possible, i have only a day chance to take decision.
 
Regards
Accused of 498A, 504, 406, 323


Learning

 10 Replies

Manish Udar (www.Mehnat.IN)     10 March 2013

At such a stage you need to talk to a lawyer.

 

Manish Udar

+91 98180 28828

www.mehnat.in

Advocate M.Bhadra   10 March 2013

Sec.482 Cr.P.C.: Saving of inherent power of High Court.

 

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

            In view of above provsion you can file a Quashing Petition in High Court,but merit of this petition is rare or you can defend the case by proper evidence.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     10 March 2013

Get assistance of an advocate for moving bail application first in lower court and than revision in sessions court.

 

No need to deposit any items in police station and even do not keep at home because police may raid to get them.

 

At this stage any action at HIGH COURT  level will not be of much use unless you have proper resources.

 


(Guest)

Hi,

Thanks for the advice, can we settle and case can be withdrawn?

How long it take to complete the case? 

Gopal Arora (Engineer)     10 March 2013

Have you tried to contact her relatves, who came on 1st Oct 2012?

What is their response in mediating this case?


(Guest)

 

Hi Gopal,

Yes we contacted their relatives who came to our house to take her home.

Even we directly contacted them to settle them but they didnt gave any proper answer.

After a case our relative went to explain them but they still want to go by court.

Gopal Arora (Engineer)     10 March 2013

They will keep saying that they want to go the legal way but you should try to go for mediation (either by relatives or court). In any case, read and understand the criminal law process and the options you have. Plan for fighting the case to prove your innocence and their manipulations. There is lot of knowledge available in this forum. 

sanjay ghosh (assistant teacher)     10 March 2013


  • Respected expert                                                                                                                                                                                                                                         1. i got married on 9/7/2008 according hindu rites and customs.                                                                                                                        2. she leaved my parents home 29/5/2009                                                                                                                                                              3. my first baby boy born on 29/6/2009 at nurshing home , i was present there.                                                                                            4.  i was failure to bring her with my baby to my home.                                                                                                                                           5. i filed RCR on december 2009 at trial court (pending)                                                                                                                                     6. she filed crpc 125 and 498a at court.   on january 2010 .                                                                                                                                 7. she demand 7 thousand for her and 3 thousand for baby as alimony. court order 2 thousand for baby from the date of filing.                                                                                                                                                                                                                                                8.  498a were  filed against 6 member ( me. parents, brother, cousin, married sister) at primary stage court relief brother, cousin , married sister and started process against me and parents. ( pending)                                                                                                  9.she filed crpc 107 against that six persons on june 2010 (dismissed) .                                                                                                       10. she filed 323/341/379 against that six persons on september 2010. at primary court relief father and brother (pending)                                                                                                                                                                                                                                             11. she filed a FIR at local police station 325/307 on september 2011 against me. ( pending)                                                                   12. she amenment HMA 24 with RCR on january 2012 ( pending).                                                                                                                   13. she filed 128 on april 2012.                                                                                                                                                                                  14. i am giving 2 thousand per month at court for my baby.                                                                                                                                                                                                                                                                                                                                WHAT CAN I DO AGAINST ALL ABOVE FALSE CASES AND GET DIVORCE AS WELL AS MY BABY AT MY CUSTODY.                                                                                                                                                                                                                                                                                                                                                                                                                                                                             THANKS                                                                                 

 

 



Advocate Ravinder (Advocate/Attorney)     10 March 2013

As your anticipatory bail has been denied, you can be arrested at any time by police.  Hence, you immediately appoint any good Advocate.  Surrender yourself by accompanying with your Advocate before the police station in the morning hours.  As soon as the police presents you in the court, immediately you advocate files bail petition.  Once the bail is granted to you, you will be released and you dont have go to the Jail.  Thus, you can escape from imprisionment. 


(Guest)

Hi,

Thanks by consulting a good lawyer i got bail of my parents on same day. we surrender and the same day it happened.

Now how i can protect me and my family by domestic violence case prior if anything does by my wife and her family.

Should i file for cognizable rights prior to it, what is the procedure and how i can move faster in that?

Please please request you to help me with proper guidance.

Regards

Accused


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register