• What options do I have before trial begins 498a case after complaint

I got married in December 2016. She stayed for 28 days. She is working and educated. I am not working but educated and belong to a village. My wife has lodged a false complaint in Women police station for demanding dowry, beating, harassment, maltreatment, abusing, molestation (by father in law), and life threatening. I have got the copy of complaint. Though the copy don't include annexed ishtridhan list. Can I file reply to the complaint to the IO/Police with proper evidence point by point that I am completely innocent. Also I did not received bike from in laws but they mentioned this in complaint. They alleged to have spent above 30 lakhs beyond their capacity including 1,61,000 in cash. What steps can I take to force police to maker proper investigation. I have so many evidences to prove my innocence. Forget crime, I even did not break marriage vows. From the day she left home she is alleging that I am physically unfit for a married life. But in complaint registered in PS she said I have deliberately not performed my marital relationship duty with her. I have her emails, chats in this regard. She have used abusive language in all of them. She have also spread a rumor that I am physically unfit for a married life in Her office and my village. I have evidence when her friend contacted me to tell this. I don't want to live with her anymore. She and her family not interested in medical tests. What steps can I take to put my innocence before complaints convert into FIR and Trial begins, for my legal aid. Thanks for your time to read this long message, I tried to keep it short. I am in deep pain, and its difficult to even breathe and sleep sometimes.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

1. Your reply has no relevance here as police submits charge sheet after investigation .

2. You will get chance to prove your innocence but at the time of trial.

3. So once FIR is registered first take bail so you can move around and prepare for your defence freely.

4.If there is apparent anomaly in the complaint then you can go for quashing of the casein the high court.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Dear Concerned,

First and Foremost important - DO NOT GIVE any documentation to police and IF THE FIR has been registered apply for Anticipatory Bail.

Secondly you may choose to file a Divorce case on grounds of Cruelty and mentioning all the false allegations and use all the documentation which you have, at the time of filing of this divorce petition .

This woman seems to be on the verge of blackmailing you and extracting money from you hence need not to worry - they will not be able to answer / prove the allegations made in FIR.

Best of Luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

1) police would issue you notice under section 41A to record your statement

2) deny all allegations and produce evidence in support of your contention that complaint is false

3) if FIr is registered apply for and obtain AB from sessions court

4) file complaint of criminal defamation against wife for alleging that you are impotent

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. It appears that your wife has lodged a police complaint against you u/s498A for dowry harassment and the police is yet to register it as FIR.

2. You shall now be called by the police for investigation about the said complaint of your wife for which you shall have to fully co-operate with the IO.

3. Develop good rapport with the IO to ensure that the complaint id not registered as FIR.

4. However, if by chance the IO is influenced by your wife to register FIR against you, then you shall have avail Anticipatory Bail from the Court and then contest the case fittingly keeping in mind that 98% of 498A complaints in our Country have been proved to be false.

5. You can file a divorce suit against her after completion of one year of marriage on the ground of cruelty and lodging false 498A complaint is also considered as a form of cruelty for which divorce suit can be filed.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. you should file a petition before the high court under section 482 of the code of criminal procedure for quashing of this criminal proceeding.

2. she stayed with you for only 28 days after the marriage, in this condition no case of cruelty is made.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You do not have to give a reply to police in writing giving point by point denial.

First obtain AB and then attend the inquiry session with the police.

The police may or may not be interested in recording your statement.

The police will be hell bent to register the FIR and send the cae to court for you to fight the legal battle in the court.

You can challenge her false allegations during trial proceedings while cross examining her.

You should not lose your patience now, be firm and courageous to face the false case properly.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. You can surely submit your reply to the complainant if you have received the latter.

2. If FIR gets registered then apply for and obtain anticipatory bail and then contest the case on merits or move the High Court for the quashing of FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

send a letter to IO enclosing printouts of emails , messages exchanged with wife

2) engage a local lawyer

3) search in kaanoon.com website for lawyers in Gurgoan

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

There is no use in giving the evidences in your possession to the police at this stage.

The police will not show any interest in the evidences you may propose to give them neither this will be included as documentary evidence by the police.

You should remember that the police is the prosecutor in this case they may produce the evidence which would go against them.

You can submit the evidences you rely upon before the court during defence witness stage.

Don't let your defence strategy so soon.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. You should address the investigative queries to be put by the IO as mandated for addressing any 498A complaint.

2. As of now no FIR has been registered, so, the question of charge sheet does not come at all now.

3. Avail AB if the police register FIR after conducting the investigation.

4. At the time of the investigation, satisfy the Investigating Officer about the falseness of the complaint of your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

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