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S S K Sadhu (BCA)     30 May 2012

Second time 498a case filing

Hello everybody,

 

I was acquitted on 17-09-2010 from 498a case that was filed on 31-12-2007. My wife was staying at her parents home since june 2007. Can she file another 498a case against my family now. The police were forcing us for settlement else fearing us to file a 498a case against my family.

Please respond



Learning

 6 Replies

Nelofar (House wife)     30 May 2012

Can U plz share the Judgement 

No I dont thinck once ur acquited in 498A, case can be filed again.

Saurabh..V (Law Consultant)     30 May 2012

@Author

 

There are two hidden points in your post.

 

One: You have been acquitted of all the charges pertaining to 498a - Cruelty.

Two: Now Police is asking for settlement

 

Once someone is acquitted of all charges, he/she cannot be tried again hence no FIr can be registered either. However, if the allegations are fresh and subsequent cruelty then certainly she can file a case. But as you clearly mentioned that she is living seperately since 2007 hence there would be no opportunity for you and or family to subject her to cruelty.

 

Even is she bribe the police and gets an FIR registered you can move high court for quashing of the case.

 

I'm still unclear why police is asking for settlement?? What kind of settlement is police and your 498a wife interested in? You have won the case and now your next move should be to file divorce. Filing false and frivuous cases against husband has been considered as a form of cruelty by Supreme Court and accordingly it creates a ground for divorce. Appoint a laywer and get rid of the erring spouse. DO NOT PAY ANYTHING IN ALIMONY / MAINTENANCE / SETTLEMEMT. YOU HAVE WON AND NOW ITS THEIR TURN TO PAY.

 

//peace

/Saurabh..V

1 Like

HK_Jain... (498a Fighter)     30 May 2012

Originally posted by :S S K Sadhu
"
Hello everybody,

 

I was acquitted on 17-09-2010 from 498a case that was filed on 31-12-2007. My wife was staying at her parents home since june 2007. Can she file another 498a case against my family now. The police were forcing us for settlement else fearing us to file a 498a case against my family.

Please respond
"

Strange....

S S K Sadhu (BCA)     30 May 2012

@author sir,

your timely answer had eased my tension SIR. Thanq for that responsible act.

police had sent 8 police men in uniform to my house and forced my brother's wife for coming to police station despite of her illhealth(heart trauma likeissue) since may 4th. as the people convinced the police that she is really ill. the station CI using abusive language told my mother to settle the issue by tommorrow if not he will send my family to jail. My wife want money which I cannot pay. settlement is for money only. Already this case was settled for 4 lakhs between them and my mother, and they took 2 lakhs but they denied to stand the aggrement of 4 lakhs even put 498a case before we knowing that..

 

why this much of torture even after winning the 498a case beyond all considerable doubts judgement.

 

can i take any action on the CI for doing so much of overaction which nearly caused/raised the ill health of my brother's wife. I was defamed by this action of CI. I want to bring him to justice at any cost.

 

please advice sir. 

Saurabh..V (Law Consultant)     30 May 2012

@S S K Sadhu

 

I'm sory to hear your case and illegal action by police.

 

You should immediately move to local court with an application of harrassment. Tell the court that as you have been acquitted hence to take revenge and earn money your wife and police both are unnecessarily harassing you. Also mention in court that you have already given out of court settlement and made Rs.2lac payment to your wife and she is greedy for more money now.

 

Also you can send copies of your application to the following:

- Send a letter to Commissioner / IG of Police of your state.

- Send a copy of above letter to Human Rights Commission

- Send a copy of above letter to Chief Minister of your state

 

The above letters should include everything that has happened and should be short. I'm hopeful that you'll get justice and rule of law shall prevail.

 

All the best!

 

//peace

/Saurabh..V

STRONG MAN (mr)     21 June 2012

Mr. Sourav  has explained in a very good manner adding to that i personally suggest u to fix spy camera or spy pen like gadget which are available resonably try this when ever police try to enter ur house record the entire 498Adrama of them produce it in the court as evidence and send copy's to the higher officals stating that police playing the game on the likes of ur wife and in-laws try this way and see the music how it will play on ur opposite side.Next time the CI will say ur opposite gang to compromise with u.498A connot be twice since she is living with her parents at a distant place and since ur acquitted they can only go for upper court and that to in the limited time of frame.My dear friend gone are those days of fearing FIGHT WITH BRAVERY show them ur back do not inculcated fear in ur mind it only deppress u there is a very good saying in hindi JO DARR GAYA WO MARGAYA live bravely till u live and show the world what u r TAKE GOOD CARE OF UR PARENTS THEY ARE THE LIVE BHAGWANS OF UR LIFE


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