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manish chaturvedi   16 December 2021

MY WIFE CHARGED FALSE CASE ON ME 498A AND 313 ON ME AND MY FAMILY. WHAT TO DO NOW?

My wife filed 498A AND 313 AFTER 3 MONTHS OF DIVORCE CASE FILED BY ME.. I DONT KNW WHY SHE FILED WRONG CASE ON ME AND MT FAMILY. NOW WHAT I HAVE TO DO.


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 3 Replies

Anaita Vas   16 December 2021

There are provisions to file against defamation and compensation against the false complainant. At the same time if you have sufficient proof, you can approach High Court to intervene. It all depends upon the case.

I advice you to approach an honourable high court for quashing of the case pending in the file of trial court. Now what is the offence mentioned in the charge sheet submitted by the police? What is the stage of the case?

File a petition u/s 482 in the High Court for quashing the proceeding against you on the grounds of being false and vague. After the High Court quash the proceeding being false and fabricated, you can file a complaint case before the magistrate or file an FIR before the police u/s 182 and 211 of IPC against the person who has filed false case against you and punish him as per the provision.

First contact a criminal advocate in your local area and discuss with him details of the false case ,thereafter file a complaint u/s 182 ipc or claim for compensation u/s250crpc against the complainant  You can file a complaint u/s167 of the ipc against the police who has lodged false FIR and harass you.

 

Regards,

Anaita Vas

manish chaturvedi   17 December 2021

As per lawyers they said first you have to take bail

Adv. Mohit Chahal (Advocate)     23 January 2022

First Option, You need to cooperate in police investigation as a law abiding citizen and secure your bail from the Court of Area Magistrate and thereafter defend this case on merits in a trial Court.

Second option, File a quash petition in High Court with interim relief of stay on arrest.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

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