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Avinash Gour (NA)     23 August 2012

False ipc 498a, 323 and 34 on me along with my family member

My wife has filed false IPC 498a, 323 and 34 on me along with my family (Mother, Father , Sister) on 17-Aug12 (Friday) in Madhya Pradesh (M.P.). We all are currently underground and apply for Anticipatory bail on 21-Aug12, which was rejected by Distt Court. Kindly help to advise what need to do further to get AB? Is it possible get Anticipatory bail from High Court easily? Or again bail will be rejected by High Court too, as it was rejected by Distt court? Please advise as soon as possible?



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 21 Replies

rahul (director)     23 August 2012

Its all depend on the facts mentioned in FIR and how your lawyer present your case in front of Judge.

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 August 2012

 

Anticipatory Bail in cases relating to 498a/406 is the rule and denial the exception. I can't comment on why it was not granted in your case because I am not aware of the factual matrix of your case. If there are grave injuries in the Medical Reports (if any), and the accused persons are law abiding people having roots in the society there is no ground for denying them bail. Parents in law should at any rate get bail. Even though husband gets interim bail in such circumstances. Move the M.P High Court with relevant judgments, argue forcefully you'd get bail in all probability. 

 

Good Luck !

varun (OFFICER)     23 August 2012

u can mail me at bk12in@yahoo.com i can assist u
 

Avinash Gour (NA)     23 August 2012

In Dr. Medical report, - It was mentioned that blunt/minor injury and light smell of Kerosine, Only we knew that we did not did this :(( . However, one month before we did the complaint to Local Police station, S.P. and Distt Mahila paramarsh center and copy to "Mahila aayog Bhopal" too and informed them that my wife is planning to file false case on us, we do have those valid copies with us. Also in addition-we do have voice recording, in which she clear state that she intentionally did this to get me & my parents in jail :(

Please suggest/advise, how to deal with this case going-forward? If we not get the bail from High court then what should be the next step? Kindly help please?

varun (OFFICER)     24 August 2012

Take the help of good lawyers in High Court your mother father and you will   get bail 

varun (OFFICER)     24 August 2012

Take the help of good lawyers in High Court your mother father and you will   get bail.  It will be better you also give the voice recordings to your lawyers in High so that he will get bail from your high court in your c

 

vicky (Executive )     24 August 2012

go to high court. As high court takes the sensible decisions  and trying to compromise between the parties\. It may possible to sort out matter by court mediation centre.

Sudhir Kumar, Advocate (Advocate)     26 August 2012

act as advised.

Avinash Gour (NA)     02 September 2012

 

Hello Experts,  

In order to proceed further on false IPC 498a, 323 and 34 case, I would need your expert advise on following questions. Kindly advise on same:

 · After getting Anticipatory bail, kindly advise how to apply regular bail in Local Distt court? Is there any special way to put for regular bail, with respect to Anticipatory bail ?

 · My Wife is not ready to leave our home and also do not want parents to go back to home. If they (Parents) forceful enter, then she will again go to police for any other false charges (She said clearly to us). In this case what should we do? How we can get out her from our home? However, we proposed her to keep her in any other separate home (rented), but seems still she is not interested. Please advise if any Legal process to do something on it?

 ·    Can My Father Legally disown me and get the home back? As Owner of property is my Father, not me. Please advise if we can do so?

 

·    One of the essential ingredients of IPC 498-A is “unlawful demand”.

As per our understanding - Cruelty under 498-A is defined as “harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand”.

It appears to us that there is no “unlawful demand” mentioned in our case(Nothing mentioned in F.I.R. about it) So can we apply for any one of below to ‘dismissed’ 498a at least?

     1. Apply for quash under Crpc 482

2. Apply for discharge under section 239

3. Apply for alteration of charge under section 216

      If Yes, then please advise which Crpc/Section we should apply and where? In Distt court Or High court?

Looking for our guidenace on same and Many Thanks in advance!

Avinash Gour (NA)     10 September 2012

Dear All, Would you please advise on my following queries raised earlier please?

In order to proceed further on false IPC 498a, 323 and 34 case, I would need your expert advise on following questions. Kindly advise on same:

1) My Wife is not ready to leave our home and also do not want parents to go back to home. If they (Parents) forceful enter, then she will again go to police for any other false charges (She said clearly to us). In this case what should we do? How we can get out her from our home? However, we proposed her to keep her in any other separate home (rented), but seems still she is not interested. Please advise if any Legal process to do something on it? ·

2) Can My Father Legally disown me and get the home back? As Owner of property is my Father, not me. Please advise if we can do so? ·

One of the essential ingredients of IPC 498-A is “unlawful demand”. As per our understanding - Cruelty under 498-A is defined as “harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand”. It appears to us that there is no “unlawful demand” mentioned in our case(Nothing mentioned in F.I.R. about it) So can we apply for any one of below to ‘dismissed’ 498a at least?

1. Apply for quash under Crpc 482

2. Apply for discharge under section 239

3. Apply for alteration of charge under section 216

If Yes, then please advise which Crpc/Section we should apply and where? In Distt court Or High court? Looking for our guidenace on same and Many Thanks in advance!

Avinash Gour (NA)     10 September 2012

 One more Quetion:

 
I heard that 498a made ground for divorce...is it? and if yes, then when should file the divorce case?
Please advise.....
 
Thanks again!

Sudhir Kumar, Advocate (Advocate)     10 September 2012

You may seek divorce on the ground of 498a onkly if the allegations are proved false and your entire family is acquitted on merit. 

Sudhir Kumar, Advocate (Advocate)     11 September 2012

agreeing with Mr Ashish Devessar I will add the unnecessary exposure of uery on open net, for public view has the danger of leakage to opposite party.


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