sanjeev rajpurohit 21 March 2022
Kishor Mehta (CEO) 21 March 2022
Immediately appoint a family court lawyer and contest the case and the 498A FIRs.
Palak batra 21 March 2022
Dear Querist,
False 498a cases are very common in the society and a lot of steps have been taken by Hon’ble Apex court also to prevent its misuse. One can quash the false allegations under 498a, when there are vague allegations in the FIR. A FIR is a first document on which the whole investigation and chargesheet is based.
Here come two sections of the IPC to help you, one is IPC 182 and 211 IPC. Sec. 182 prescribes a punishment for six months and fine in case any person gives false information to a public servant, on the basis of which the public servant takes certain action which he might not have taken if he had known the true state of facts. On the other hand, u/s 211, there is an ono use of the term ‘public servant’. As per this provision, any person who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is liable to face imprisonment for a period which may extend to two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of 7 years.
In the cases of 182 IPC in which the false information is given to police. Then in that case that police officer can write a complaint and forward it to a concerned senior officer. Who than forward a formal complaint to the court which than initiate proceedings under 182 IPC
In the cases of 211 wherein the case is already pending against the accused person in court. Then in that case the court in which trial was running an application under section 340 CrPC is filed and then the court initiates further action under 211 IPC.
Regards,
Palak
P. Venu (Advocate) 17 April 2022
What is the stage of the investigation? There is nothing to be concerned if the allegations are without any factual basis.
The ornaments, received in connection with the marriage, are her personal property. Arrange to return to her with proof and in presence of respectable credible witnesses.