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Is it possible to get fir copy of 498a (false) on my family

Page no : 2

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 March 2015

Every accued should get a copy of FIR. It is the right of accued.

 

a) You can talk to that IO to get a copy.

 

b) You can file RTI to get a copy.

 

c) You can apply in the court through a clerk for a certified copy of FIR. (Recommended).

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

syam ( )     13 March 2015

Hi Sir, 

Please advice , My wife saying that she will with draw the case on me 498a now. 

I dont know that she changed or not.

1) Please provide the process of petition(withdraw).

Since i cannot trust her , i said her to come to court there we can talk and she can put petition to with draw the case on me. 

2) Please provide details , is it possible to withdraw case in one day or it take time after petition.?

3) I am doing job in chennai , case in vishakapatnam. I cannot have leaves more becasue i have moved new jon recently .

4) As per lawyer , my case hearing is in Auguest 2015 , now she is asking that she will withdraw. If she withdraw the case , is itpossible that she keep case again on me and my family using thst false proofs ?

5) If i accept her mistake and allow her to come to me , Is there any problem that she keep different case on me and my family again ?

6) In fir my family names were removed , but she put alligations like she given some money to my people in FIR. Please let me know that my family people also have summons from court ?

please provide advice .how to apply with draw case process safely that my wife not play with my life. 

Thanks in advance.

 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 March 2015

Sorry for late reply. 

Please be bold and don't compromise with her.

Please apply for speedy trial in HC in-person as I have mentioned in the links above.

 

1) Please provide the process of petition(withdraw).Since i cannot trust her , i said her to come to court there we can talk and she can put petition to with draw the case on me. 

 

498A is a non-compoundable offence hence she can't withdraw it.

 

 

2) Please provide details , is it possible to withdraw case in one day or it take time after petition.?

 

498A is a non-compoundable offence hence she can't withdraw it.

 

3) I am doing job in chennai , case in vishakapatnam. I cannot have leaves more becasue i have moved new jon recently .

 

Please make petition a U/S 205 CrPC for permanent exemption from the personal appearance by showing your job condition in the same court where the 498A is going on. You will make your professional appearance through your lawyer. Please keep follow-up the case by your parents of any relative whom you trust.

 

 

4) As per lawyer , my case hearing is in Auguest 2015 , now she is asking that she will withdraw. If she withdraw the case , is itpossible that she keep case again on me and my family using thst false proofs ?

 

Yes. Bringing these criminals again in home is always a high risks.

 

5) If i accept her mistake and allow her to come to me , Is there any problem that she keep different case on me and my family again ?

 

 

Yes. Bringing these criminals again in home is always a high risks.

 

 

6) In fir my family names were removed , but she put alligations like she given some money to my people in FIR. Please let me know that my family people also have summons from court ?

 

 

It depends on court proceedings. But don’t worry. Burden to prove her allegation lies on her not on you. You may cross her by asking to show any bank transaction or any kind of evidence (As per Indian Evidence Act 1872) that money has been given or taken.

syam ( )     17 March 2015

Sir , 

1) They are few servents in her home , she made them to sign as live withness that i harased her in fir. but we stay in hyderabad when she with me . 

2) She made them as live with ness in giving me money as dowry , no bank transaction done for 4 lakhs.

3) Her parents given money 2 lakhs to make braslet to me and Taali to her and mariage dress , nothing else.  They made bank transaction for that , we have bills for what we buyed. nothing else they gave to us.

Now they are saying extra 4 lakhs given to me by hand and her servants signed as live with ness . Is servants who are not in hyderabad with us treated as live with ness in court . because i came to know that court will consider words of woman than a man?

She cheated me by asking 30lakhs in police station.

4) Please let me know that my brother want to keep case on my wife because that he did not done any mistake , she made him to come to police station and investigated by officer , police treated us very badly.

5) 498a is non compoundable case but she is still saying that she will withdraw case if i give money... i dont know how she can do that. Is it possible?

 

Sudhir Kumar, Advocate (Advocate)     18 March 2015

Originally posted by : Srinivas

Just pay rs. 500 to court cleark ,he will get it FIR Copy for you  in court.

This forum is  not there to encourage bribery.

Sudhir Kumar, Advocate (Advocate)     18 March 2015

fully agred withj Mr Rocky Smith


Every accued should get a copy of FIR. It is the right of accued.

  a) You can talk to that IO to get a copy.

  b) You can file RTI to get a copy.

  c) You can apply in the court through a clerk for a certified copy of FIR. (Recommended).

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 March 2015

1)   They are few servents in her home , she made them to sign as live withness that i harased her in fir. but we stay in hyderabad when she with me . 

 

These signatures are made my her, not in front of any police officer (Lawful authority). Hence these are not a valid presumption as per sec 80 of Indian Evidence Act 1872. Even if it is assumed that it is a valid presumption, then also they need to come for witness during the trial. You can sue perjury and/or petition u/s 190 IPC for giving willfully false evidence in the same court where 498a trial is going on.

 

2)   She made them as live with ness in giving me money as dowry , no bank transaction done for 4 lakhs.

 

You can sue perjury and/or petition u/s 190 IPC for giving false evidence in the same court where 498a trial is going on with your contradictory points, grounds and evidences that you have in the same court where 498a trial is going on..

 

3)   Her parents given money 2 lakhs to make braslet to me and Taali to her and mariage dress , nothing else.  They made bank transaction for that , we have bills for what we buyed. nothing else they gave to us.

 

Gifts/Presents are not dowy. Please follow DP Act.

https://wcd.nic.in/dowryprohibitionact.htm

 

Now they are saying extra 4 lakhs given to me by hand and her servants signed as live with ness . Is servants who are not in hyderabad with us treated as live with ness in court . because i came to know that court will consider words of woman than a man? She cheated me by asking 30lakhs in police station.

 

 

Court is not beyond of law. Please never follow rumors. As I explained above, these are not valid evidence as per evidence act since the signatures are not taken in front of any lawful authority.

 

File a counter FIR against her in both your and her Police station with your complain. Please make sure that your complain has been register as FIR. Let the police investigate based on your FIR.

 

4)   Please let me know that my brother want to keep case on my wife because that he did not done any mistake , she made him to come to police station and investigated by officer , police treated us very badly.

 

File a counter FIR against her in both your and her Police station by your brother also.

 

5)   498a is non compoundable case but she is still saying that she will withdraw case if i give money... i dont know how she can do that. Is it possible?

 

498a is non compoundable case, however quashing in HC by compromising ground is possible. Money factor always acts outside of the court hence court is not aware of it.

 

I recommend not to compromise with these criminals. Else you may bankrupt.

 

Mr. Balaji and Mr. Srinivas of this forum are facing a lot of problem for going amicable solution (With Money).

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

syam ( )     18 March 2015

Hi Sir , 

1) We are leaving in hyderabad from the day we got maried , but her servants are being in vishakapatnam with her parents. Is this case , there servants are valid or not ?

Becasue in FIR the servant  said to be live with ness from LW1 to LW10, They are signed infront of police investigation officer. As my wife parents are higly influenced in vishakapatnam.

 2) My case hearing in august , When can i have summons to attend court for hearing ?

3) My case is hearing is august , Now my wife saying that she will with draw case , If she put petition in court to with draw , Shall i get summons or the case move to family court ?

4) I have mesages from her through whats app , i got evidence by her mesages only... Is that mesages submit in court as Evidence ?

5) As per FIR , My brother took her gold and kept in bank for loan . But my wife use credit card more, for that she given gold because she dont have axis bank account.  my brother given money using her account keeping gold loan . Now she mis used it ,

My brother is innocent , he is suffering , when he informed that in police station , since that police is corrupted he did not lisen to our words and treated my brother as accused. we are paying interest for that gold every month 1000 . 

Loan kept in axis bank for 55000 given to my wife through hand by my brother . she now put case on my brother .

6) My elder brother is being with us , she also mis used and kept case on him that she given money for his fees - bank coaching. But that money is adjustment by my second brother .

I have message of her saying that she dont like to be with my family , she is saying that i have used to buy groceries and door mats to my family using her credit card . Before marriage also i stay with my family as joint family. At that time she said okay . but after mariage she said she dont like to be joint family

Here

a) My elder brother said to be accused by Investigation oficer becasue she said she given money for bank coaching , there is no bank transaction or evidence . but investigation officer treated my brother as accused during FIR.

b) My second brother helped her to clear her credit card by taking her gold and kept in axis bank to give money to her , Here its her gold and my brother axis account , my brother treated as accused.

Please advice how can i save my two brothers.

* Note : There names were removed from FIR . No they want to put case on her . 

7)  Here me and my family treated as acuused , but investigation oficer removed my brother and father names from FIR saying that they are not accused , Now summons come only to me or for my family also ?

 

 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 March 2015

If the servants are signed in front of the police officers then also it is a presumption. They will be summoned to come to the court for their witness and cross examination to become it evidence.

 

Please don't worry, they are not bound to come to the court. Most of the people don't have time to go to the court.

 

We are leaving in hyderabad from the day we got married , but her servants are being in vishakapatnam with her parents.

 

This is a very good ground to cross them if they come to the court for witness. Also you can sue perjury and 190 IPC against them for giving false evidence in the court. (If they come:P).

 

Please register a counter FIR by your brother as I advised before.

 

 

Please also appear in HC for Speedy Trial on priority.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

syam ( )     21 March 2015

Hi Sir , 

My Love Story :

Me and My wife studying in engineering college in vishakapatnam , we both in love from 2009 , There is no one side love at all, proposed and immediately accepted by her. After graduation i left to hyderabad and searching my job. She got job in college so she left to chennai for training in corporate office . After few months her parents set new match for her due to caste feeling and for money. She dont have moral she accepted that match and neglected me . I too kept silent and felt sad and started to concentrate on my survival. After engagement with that boy , that boy came to know that she already ahve affair with me so immeidately they cancelled marriage. She called me after 1 month and asked me to marry , As i dont know this issue i accepted that marriage with love and started new life .   

 

1) I came to know that around Live withness 4 to 10 are my wife servants . what they have written in statement is

Her servants written like ,

a) That i harassed my wife from college days to love me.

 (But when i am in college we both love each other from 3rd year of my graduation. After that she left me went to job . I too came out of vishakapatnam and searched my job in hyderabad. ) 

Answer : 

 

b) i have  spoiled her mariage with that person (But i dont know about this issue at all)

Answer : 

c) they also written like they have seen that her parents given me 4lakhs dowry and xylo car also.

Answer : 

d) they are saying that my wife parents told all this things to them and felt sad. Is such cases treated as Live with ness 4 to 10 ?

Answer : 

e) Please let me know what exactly live with ness means ?

Answer : 

f) My wife written like i have harased her daily for money and i have bite her daily physically ...  ? 

Answer : 

Investigation officer not even investigated in hyderabad and prepared report .... Is court accept such things .

g) If my wife say that i have beat her daily and physically harassed , Is court accept that with out having any proof that i beat her daily? 

Answer : 

f) In FIR my wife written that she given money to me 4lakhs , but when i have chat conversation in whats app with her recently, she change her words and said that she given money to My big brother .... Please tell me that this point help my lawyer. ?

Answer : 

g) I am accused A1 according to FIR , can i file a case on live withness 4 to 10  ? because there is no proof like bank transaction or video tape that they given money to me , car is also on her mother name.  i have recently my wife conversation that "she saying that she given money to my father and brother not to me " but she written in FIR like she given money to me .

Answer : 

h) Please let me know she is saying that she is going to file a divorce case using same proofs becasue i rejected to give 30lakhs as they demanded.  Now 498a is in court , if she apply divorce using same proofs is it possible that she get divorce ?

Now can i file any case on her as counter using her whats app messages?

Answer : 

 

 

    

 

 

 

syam ( )     25 March 2015

Hi Sir , 

 

My wife saying that if we both dont attend for court hearing , the case will automatically canceled by court ?

Is it true ?

 

or she keeping in other case ?

Please advice

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 March 2015

She is lying you.

 

I already advised you for speedy trial and get a order of disposing of the case within 6 months from HC.

 

Use sec 21-B of Hindu Marriage Act along with 483 crpc in HC to get the order.

 

Also file counter FIR and/or private complain.

 

Also Forget your past, and look for a good unmarried girl and start live-in relationship until you get divorce.

syam ( )     09 April 2015

Hi Sir , 

My wife asking me to come to one place in rajamundry to have a discussion . After discussion  she is saying that she will with draw case.

1) Please let me know what are the precaution s should i take to meet her ?

2) Is it safe to meet her , or she will file another case on me ?

3) It will be good if she withdraw case on me on the same day ? please let me know best place to talk like public place ?

if it is a public place , she cannot file case on me , so i am asking her to meet in public place where camera survilence is available.

Please advice which place is best for discussion . 

4) What is the process of case with draw, ? to whom should i approach , case is filed in vishakapatnam.

Is case withdraw is a single day process or it takes month of time.

5) If she file a withdraw petition once , is there is a chance for her to putup case on me again 498a ?

6) If she file a 498a with draw petition ,  is there any chance that she with can appeal again , i mean she cancel with draw and put 498a case on me again ?

7) My date hearing is on august 16th 2015 , if she with draw case now in a couple of day , Is it mandatory to attend hearing from court ?

Please advice It is my life... 

 

 

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer your latest thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=2#.VyUyqCFMzwo


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