• FIR under section 498a, 406, 506

FIR u/s 498a,406,506 was registered against me by my wife. Ab was rejected by session court on ground of recovery not made. By hc that demand of car and beating allegations are there. But i have proofs tht demand of car and beating allegations are false. What are points to be put forward in SC to get Ab early. Moreover time frame of 6 0days for filing of charge sheet too over but it is not filed yet. Can I get Ab in SC easily.  I have good proofs to prove that false allegations are made in fir. Should I go for ab first or directly apply for quashing?
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
1) you can obtain AB from SC 

2) dont go in for quashing now 

3) in recent judgement SC has held that charge sheet in 498A cases are 93%but conviction only 15%

4)the SC held that before arrest first the police officers should  have reason to believe on the basis of
information and material that the accused has  committed the offence. Apart from this, the
police officer has to be satisfied further that  the arrest is necessary for one or the more
purposes envisaged by sub-clauses (a) to (e) ofclause (1) of Section 41 of Cr.PC.

5) the police  officer is required to issue notice directing  the accused to appear before him at a specified
place and time. Law obliges such an accused to  appear before the police officer and it further
mandates that if such an accused complies with   the terms of notice he shall not be arrested,
unless for reasons to be recorded, the police  office is of the opinion that the arrest is
necessary. 

6)police officers do not arrest accused  unnecessarily and Magistrate do not authorise
detention casually and mechanically. In order  to ensure what we have observed above, we give
the following direction:
(1) All the State Governments to instruct its
police officers not to automatically arrest
when a case under Section 498-A of the IPC
is registered but to satisfy themselves
about the necessity for arrest under the
17PageĀ 18
parameters laid down above flowing from
Section 41, Cr.PC;
(2) All police officers be provided with a
check list containing specified sub-clauses
under Section 41(1)(b)(ii);
(3) The police officer shall forward the check
list duly filed and furnish the reasons and
materials which necessitated the arrest,
while forwarding/producing the accused
before the Magistrate for further
detention;
(4) The Magistrate while authorising detention
of the accused shall peruse the report
furnished by the police officer in terms
aforesaid and only after recording its
satisfaction, the Magistrate will authorise
detention;
(5) The decision not to arrest an accused, be
forwarded to the Magistrate within two
weeks from the date of the institution of
18PageĀ 19
the case with a copy to the Magistrate
which may be extended by the Superintendent
of police of the district for the reasons
to be recorded in writing;
(6) Notice of appearance in terms of Section
41A of Cr.PC be served on the accused
within two weeks from the date of
institution of the case, which may be
extended by the Superintendent of Police of
the District for the reasons to be recorded
in writing;
(7) Failure to comply with the directions
aforesaid shall apart from rendering the
police officers concerned liable for
departmental action, they shall also be
liable to be punished for contempt of court
to be instituted before High Court having
territorial jurisdiction.
(8) Authorising detention without recording
reasons as aforesaid by the judicial

Magistrate concerned shall be liable for
departmental action by the appropriate High court
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. You have yourself stated that you have proof that the allegations of beating and demand of car are false. What are those proofs? Are they documentary in nature? Your final round of legal battle to obtain bail from The Supreme Court has to be founded on the exculpatory evidence you have.

2. It is never easy to get AB and that too from the Supreme Court of India. However, you have no other remedy after the dismissal of your bail petition by the High Court.

3. Obtain AB first and save yourself from the ordeal of going to jail. After AB is obtained you may apply for quashing of the FIR.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. Were these proofs not shown to the High Court? 

2. You may now seek bail from the SC on the basis of the proof which you have.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. You should have complied with section 406 by sending her stredhan by transporter and submitted the evidence while filing AB,

2. Now, you have no other option but to apply for AB from the apex Court,

3. Comply with section 406 now and then apply for AB before the supreme court,

4. First obtain AB, then file an application for quashing the said FIR.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. The said evidence should have been submitted before the High Court while applying for AB,

2. However, submit all these evidence while applying for the said AB before the Supreme Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) why did you not submit those evidence before HC . if you had taken the plea that you were out of station at the relevant time when assault was alleged and had produced documentary evidence you should have been granted AB 

2) similarly if model of car alleged to be demanded was not available for sale it does create suspicion that allegations are false
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Dear Querist
file anticipatory bail before SC along with the Judgement of Arnesh kumar Vs state of Bihar in which the Apex Court held the directions regarding 498A case.

the bail may be grant
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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