N K Jain (.Asso. prof. Mathematics) 21 February 2014

For totally false 498a reverse cases information?

Hi,

My wife filed totally false 498a case 4.5 years back. I have been facing the trial for it. In her evidence, She was declared hostile by the trial court as she even refuses to recognize Mahasers(crime scenes document). Later Public prosecutor filed application under 311 crpc and she was recalled to give evidence again. during her cross examination she accepted that she filed the case because she did not like her parent in laws, and does not have any issue with the husband. The charges were against me only for Dowry and 498a.

Her cousin brother, mother and a maid servant gave the statement against me in the police. Now,My wife has given an application to the court that these witnesses do not want to come to the court so must be dropped. She herself is asking the judge to drop all her witnesses. judge told her that witnesses must give in writing to the public prosecutor or court that they do not want to appear before the court.

Investigation officer accepted in her cross examination that the case is totally false and because of her senior officers order she accepted the FIR.

My question is what cases I can file against her for putting totally false cases against me?

I got really suffered in pursuing this case to be solved. I had to attend all dates as a criminal and felt lot of harassment and mental agony. My reputation in the society is also lost. I could not get promotion in the office as could not perform well due to court cases and stress. she has snatched around 6 Lakhs of maintenance money under 127 CRPC case which she filed immediately after 498a. I could not have proper sleep in last 4.5 year and always had been in stress and pain. She even forcefully took the custody of my son by help of Police on date of filing 498a FIR. She hid her whereabouts and withdrew the son from the school I put him in. I lost around 90000 Rs. Total loss for me is around 20 to 30 Lakhs due to her harassment, in fighting cases, office performance, legal fees her maintenance.

So, I want to file a case against her and against all witnesses who gave false statement against me to set a an example to the society. In future atleast people must be scared to put false complaint.

If the other witnesses tells they do not want to appear before the court and her letter to the court , the court order will be sufficient evidences against her.Kindly advise me.

She has wasted court time, Police time, and precious Govs resources too. I want to see them punished.

Regards

Mani

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6 Replies

Rajaramana RV (Employee) 21 February 2014

I think you have let this case drag as long as it should. I think now you should look at finishing the case. Forget for the time being about reverse charges. First get out of the case and then fight back. Once your name is clear, you can file defamation suit against her and then can recover all the money you have lost in the case as legal fees. You can also then once out of the criminal case reapply for custody of child. Its a matter of time since she has turned hostile and other people are not turning up.

Suggestion is to approach High Court to get to end this case fast and then you can focus on your life. Try to finish this case fast by getting a High Court order to finish the case in next few months. Your lawyer can do that.

Do these positive steps and then feel free in life.

Just for an example, how much money have you spent on the legal fees since this case has been going for last 4.5 years?

harish (manager) 21 February 2014

how can u leave her after spending almost 5 yrs of ur life ....file cases against brothers n sisters for defamation and false complaints,torture her as much u can and apply for custody of ur child

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 22 February 2014

Dear Mr. Jain,

Giving False Evidence as well as initiating false complaint / case itself is crime. You can file complaint against all the witnesses, Complainant as well as concerned IO by serving her notice u/s 197 Cr.P.C and under relevant sections of the police act of your area. You can file civil as well as criminal defamation case. You should file the custody of your child being father this is your right. You can call / contact me for any legal help anytime.

Rajiv Bhasin

Advocate

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 February 2014

Dear Querist first get acquittal from court after that you should file civil case for defemation and claim your damages and cost. you can file a complaint under section 340 of Cr.P.C. against her and a complaint against witnesses under section 182 of Ipc with other relevant sections. feel free to call

ANEESH TRIVEDI (ADVOCATE) (Advocate) 22 February 2014

The exactly same is my case but i am at the position to quash under 482 , exactly same in my case SHO is punished by senior police officer for not following the Cr.p.c properly

but i am waiting as advised by above so follow the advise of others as suggested first get quash or aquittal then fight back..with full energy

Girish (Senior Manager Operations) 28 February 2014

In my case since beginning I filed various complaints at Police Station & my wife gave statements that she never stayed with my parents. Further once my wife filed a false complaint at Police Station and took it back by giving the statement as it's a false complaint and she gave the false complaint because of the influence from her friends. Later when my wife tried to lodge FIR of 498a that Police Station was not accepting her False FIR but then she went to the court and Magistrate instead of giving under Sec 156(3) suggested police to accept the FIR and the submit the detailed investigation report.

Police accepted the FIR. I applied for Anticipatory Bail & sessions court granted the bail. After 9 months of investigation now Police IO has filed summary report to the Magistrate by classifying the FIR/Case as a B Summary/False case. :D

Now magistrate is giving my wife another chance to prove that the complaint is not false. :D LOL! Magistrate Time Pass kar raha hai.

Therefore, I am waiting for that Magistrate to accept the Summary Report of Police and then I can retaliate!

Further, funny part is in front of the same Magistrate since last 9 months my wife's DV case & interim application is pending and arguments could take place any day as I have filed Discharge Application in DV case. Also, in front of the same Magistrate I have filed Private Application under Sec.323, 384,452,504,506,507 & 34 against my wife & in-laws.

My wife has also filed now Divorce case in Family court against me with false story with additional Masala than 498a & DV. :D

It's just now matter of time. I am sure that I will get clean chit from all these false cases. I will surely teach a lesson to my wife & in-laws.

ALL THE BEST! TRUTH ALONE TRIUMPHS!!!

Advice given to you is perfect! You better approach HC for increasing the pace of trial OR Rapid Trail.

Once you will get discharged OR aquitted then RETALIATE!!! Also, file complaints against Police & Magistrate with Human Rights Commission.

Further, file a Writ Petition at HC against Female Biased laws (IPC 498a & DV Act).