Question regarding false 498a

Tell her to make a statement before duty officer/ IO (athough the case has not been registered as cognizable offence) that she wants to withdraw her complaint.

In future if she files case u/s 498A IPC, the NCRwill have no effect in favour/against any one of you.Did you got medical treatment for the injuries, if yes whether there was any MLC?

Take an affidavit that she has inflicted injury upon your body and will not do any such act in future.

Please tel her to inform the police that, she is not interested in pursuing the complaint, as she has falsely filed the complaint.Secondly get the medical certificate from the registered medical practitioner. Get an apology letter, from her for having approaching the police and also in future she will not file any complaint and also will not have any claim against her. srishaila,advocate,Bangalore,9741425514,sdharani120@gmail.com

To get permanent protection from any mischief in future you shall have to do the following.,namely,-

1. To direct her to withdraw the complaint lodged against you in the P.S. in writing.

2. To obtain a medical certificate of your injuries.

3. By an affidavit upon a Non-Judicial Stamp paper she shall have to give a declaratory statement that being confused with some occurrences and situations arising out from normal matrimonial differences she wrongly filed a complaint against the husband in the ....................P.S. which was subsequently withdrawn by her in writing voluntarily  without any pressure and inducement from anybody and being understood that she did wrong against her husband.

This Affidavit is to be sworn before a Magistrate.

what was the argument leading to all this trouble.

@ Learned Mr. Sudhir Kumar ji

I am competent enough to take part in successful argument  if the Author appoint me  as Senior Counsel

Argument depends upon available evidences and art of placing a grievance before the Judge for obtaining optimum relief.

I completely agree with Bishwanath roy.  But some judges will not consider the agreements or declarations or affidavits obtained outside the court in respect of matrimonial matters.  If she gives evidence contrary to the affidavit given earlier, the present evidence will be taken into consideration and the earlier affidavit will be discarded.  Then what is the use of taking affidavit.

I completely agree with Bishwanath roy.  But some judges will not consider the agreements or declarations or affidavits obtained outside the court in respect of matrimonial matters.  If she gives evidence contrary to the affidavit given earlier, the present evidence will be taken into consideration and the earlier affidavit will be discarded.  Then what is the use of taking affidavit.

Affirmation by oath before a MAGISTRATE is a Judicial document itself according to Indian Oaths Act which cannot be ignored by any court of law. Secondly affirmation by an Affidavit before the MAGISTRATE WHO IS A JUDICIAL MEMBER if found false then the deponent shall be punished by imprisonment u/s. 191 IPC and u/s.181 IPC. according to the nature of the offense..

I agree with Mr. Roy Sir's opinion and suggestion about the course of action to be initiated in this regard.  A last piece of advise is that please do not keep lingering to the events of the past, if at all there arises an amicable situation for a peaceful and happy future married life, do not let go the opportunity and avail of all the chances to save the sacred institution called marriage between you both.

@Biswanath Roy Ji and others

Thank you for the prompt answer

(1) What is the exact procedure for withdraing the police complaint and NC? Is the application to be made on a blank paper, or does it need to be a stamp paper? What kind of acklowedgwement is given by the PS stating that the complaint/NC is withdrawn?

(2) How do I get the affidavit sworn before a magistrate? Is the personnal presence of my wife and/or me required in front of the magistrate, or is it something that lawyers can arrange?

(3) As a general question ..... if an FIR is filed in a 498a or a DV case, is it possible for the employment of a govt. employee to be affected? (I mean isn't everybody deamed innocent till proven guilty?)

I look forward to your reply!

Withdrawal of the complaint from P.S. shall be upon white paper stating that the complaint lodged is being withdrawn on ( mention date ) without any provocation , pressure etc.etc. ( as stated in my previous post ) and duplicate copy of such withdrawal shall be signed and sealed with rubber stamp of Thana by the Receiving clerk of the P.S.  This receipted copy shall be treated as evidence of withdrawal of complaint.

Your wife must appear before the MAGISTRATE in person for swearing on oath as Deponent.

NO your service will not be affected unless your guilty is proved before the court.