• Misuse of 498A

My brothers wife (my sister in law) filed a case against  us which is a mis use of 498A. How can we challenge this.?
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
fight case on merits . police will conduct investigations and if prima facie case is made out file charge sheet  against you and other family members . you can move high court for quashing the complaint filed under 498A  based on legal advise
Ajay Sethi
Advocate, Mumbai
27151 Answers
1471 Consultations
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Seek anticipatory bail and then contest the case on merit.  The FIR can be quashed if it is abuse of process of law.  You should have strong case to go to HC for quashing.
H. S. Thukral
Advocate, New Delhi
526 Answers
141 Consultations
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seek bail from court & fight your case on merit. u can file case of malicious prosecution after acquital against your bhabi
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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No. of times this section is misused or used to put pressure but don't worry if you are clear take it on merit,otherwise try to settle things though case can only be closed in High Court.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
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Obtain bail and contest the case on merits in court. If there is insurmountable evidence of the falsity of case then move HC for quashing it to abate the process of criminal law.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0

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