Misuse of 489a

:)  Mr.H should try to seek AB bail and so for all the relatives of Mr.H  Mr.H should get the services of a good criminal lawyer and try to delete out the names of the 17 relatives of his who were not related to this case.

Originally posted by Arun Vash*th: Mrs. W (who lives in a village) married with Mr. H (who is also from the neighbor village)and after the 15 or 20 days the wife said that she will not live in the village she want to marry with the Nephew of the Mr. H who is a CA upon the refusal she left the house of husband and go to his father house.

and after two years Mrs. W said that she want all the gifts back which are given during the marriage and the compensation and Mr. H was read to pay the same. but the Bride filed a  FIR on husband and his 17 other relatives under 498A. and out of the 17 relatives 9 are those who are not even met with the Mrs. W.

but the case was not in the court yet.

I think she has mental disorder. From Legal aspect, one can not use  Section 498a as a tool for harassment, and police should not entertain such frivolous complaint, and if FIR is registered, Magistrate should discharge the accused at the time of framing of charge. If FIR is registered you can invoke Section 482 CrPc or Article 227 of the Constitution of India to quash the complaint.

How can a woman get married to a man and after 15 to 20 days left the matrimonial home to marry another man? It is a great disgrace to the man and after 2 years she came with her tools of 498A. Frivolous allegations.

If the problem narrated by you s taken to be fact, first thing to do is to get AB for all those who have been charged in the FIR and than challenge the case in the court.  In my opinion, though she has lodged complaint against 17 people, the police are not  so foolish enough that they will register the case against all those accused without making a formal inquiry, because when the case backfires, the police may have to face the wrath of the government for their inefficiency, hence please confirm this aspect.

Dear Mr. T Kalaiselvan

application under 498a is non bailable so how AB is can available????

and the police has registered already the case

Dear Assumi,

this is not the matter whether she is mental or not ....

the question is now how can we save those relatives and provide remedy 

You should apply for AB for all accused, there is nothing else which can be done at this stage.,

Regards,

Dear Mr. Shonee,

what should we after that ???

and please define the "relative" term??

What we should do after that?

This question can best be answered in future only, as the chargesheet would be prepared by police and filed in court, the police may make all people accused or some people accused in the said FIR, then depending upon the material on record in Chargesheet, you may go for discharge or go for quash or would be advised to fight the matter. So better suffice, that we should cross the bridge once we come to it.

Relative:

Relative is another person to whom a person is related by blood or marriage.

Regards,

@Arun Vashis :

"application under 498a is non bailable so how AB is can available????

and the police has registered already the case"

What do you want to say? - If the offence is non-bailable, will you not be eligible for Anticipatory Bail?, who said so?, though the FIR is registered, you people if not have been remanded so far, it is better to obtain anticipatory bail immediately before things take a serious turn, consult a local lawyer and flung into action.