• False dowry case against me & family

My wife's behavior is not good towards me & my family. She tries to dominate us. So demanding N want money. At the same time she ask me to quit my job and return to hometown. because of her dominating behavior we had some conflicts and she left me in march-17. Not ready to come back n asking to quit job. Afer leaving me, she make my parents; & sis life hell at hometown. Every another day she made some drama. she spread rumors that I hv been married to another girl here in Delhi.So i made her to leave.By doing same drama she had made me to quit a 5 year long job in past.She & her brothers threatened me & my family my times. In the month of October they called me for face to face talk. but instead of showing up for talk they informed Police abt my presence. Plz note that she had been visiting police station to file complain against me & family. SO that day we didn't sit for talk. It was again fixed on next day but that night she came to my house to stay there. We were talking. she was talking rubbish and all of a sudden she started shouting bachao bachao..maar dalega...mujhe marne aaya hai...etc.Me & family calmed her down..i was with her whole night. nothing happened. but in morning when i was in washroom she went out & came back after 15min. We didn't talk . I was waiting for her brothers to come & talk. They came in furious mood. she had told them that I & family had beaten her...tried to kill her. We sat..talked...then she showed her both hands...there were scratches in both hands. 3 long scratches in both hands in the form of straight lines from elbow to wrist. i was stunned. kis level tak jar rahi thi wo...also her forhead was swollen...I & my family did nothing to her then where these came from...I spoke everything what had happened last night & ultimately it was clear that she did that herself. after discussion was over, my father sent her to doctor with my cousin..but instead of going to a doctor she went her home & next day filed 498 case against me & family. I have got the FIR copy & I was laughing after reading that..I challenged ki ek bhi ilzam prove ho jaye jo bhi usme likha hai.like we were demanding 10Lac rs. I keep her locked when I go to office. I beat her in the middle of the road with belt..etc. I am waiting for an officer to inquire all this. Situation is FIR has been filed, Police has also completed the inquiry. I don't know wht report they have prepared but keeping faith on them..sab sach nikal aaya hoga report me. My family member got anticipatory bail but my wife & her family not letting my bail approved. In every hearing they create some scene and everytime i get another date.
 I am in Delhi now & working. Hearing happening there in Patna. i have not attended any hearing. We are afraid of getting arrested for doing nothing. Dont know how they have got my office landline number and keep making blank calls...PLz note that before 498 case on me i have filed divorce & info. petition.
Asked 7 years ago in Criminal Law
Religion: Hindu

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16 Answers

1. Your first step will be to get AB against the said FIR registered against you. After you get the AB, you can contest the case fittingly.

2. Once her allegations leveled against you are proved to be false, it becomes another ground for you to prove cruelty in your divorce suit since lodging false complaint is considered as a form of cruelty.

3. Moreover, you can also lodge a police complaint against her, after getting her complaints proved to be false, u/s 211 of IPC for lodging false complaint against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27576 Answers
726 Consultations

Hi

You have one more ground in your favour that 498A FIR is a revert back of your divorce petition.

I would suggest you to join the investigation in Patna (means attend the court hearings) if you will not do then your and your family member's bail may be cancelled and arrest warrant may be issued against you.

Better appear in court and contest the matter.

You can apply for exemption from personal appearance on some dates if it's not possible for you to appear on every date.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Burden of proof is upon prosecution to prove allegations made in FIR

2) 80 per cent of cases are false and end in acquittal

3) you should be granted bail by court

4) wait for filing of charge sheet

5) apply for discharge before trial court

Ajay Sethi
Advocate, Mumbai
98469 Answers
8011 Consultations

Respected sir...

You will not be arrested by police because the divorce case field by you prior to her filling play a role of defence ...No need of worry she will file some fake on you but just keep at your stand with clear mind quki bhai asi ladki kese ka bhi gr nhi basati ...Law always work on evidence just collect evidence as much as you can..That will help you in future ...

She will file case of maintaice in future so I will advise you to show your income less in your itr and any other documents.....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

If the allegations in the FIR are on the face of it false and concocted, I'll advise you to take your chance and challenge this in the Patna High Court.

Moreover, it is amply visible that this fir is an offshoot of the divorce filed by you and is nothing but a retaliation.

Ask your lawyer to pursue your bail diligently.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
318 Consultations

Dear Client,

What is the status of FIR, Charge sheet filed or still in investigation.

Well, in 498a cases, police powers to arrest is very limited and only in exceptional circumstances or some pressure.

Court hearing cannot be adjourned, as no one can dare to create seen in court, ur advocate should insist for bail argument, also there is direction of Supreme court, that no bail should kept pending for longer or even a week.

Yogendra Singh Rajawat
Advocate, Jaipur
23024 Answers
31 Consultations

Hi, since all of you have been granted bail accept you , there is no fear of arrest .. under 498A ,as majority of these cases are filed falsely to harras the family of husband and sometimes to accept their illegal demands , the court allows bail and gives direction to join the investigation .. Further , it is advisable to file a quashing petiton of FIR in Patna high court ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Since these people think that they can easily take revenge on guys by using legal terrorism i.., 498a and DV cases, they act so foolishly forgetting the aftermath of such incidents.

You try to get AB somehow and then challenge her false cases on merits and documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
88671 Answers
2404 Consultations

Go and challenge the FIR in toto before the HC.

Contact a local lawyer, even if the FIR is not quashed you will get the directions for getting the bail.

Let me know if I can be of soem help.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Immediately file a bail in the HC and get the bail, contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Let me know if I can be of some help, I have my team working in Patna I will get the same filed for you

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Take your chance by approaching the High Court and applying for bail.

There might be a vacation bench to hear urgent matters during the vacations.

Get in touch with a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
318 Consultations

1) file application in HC for grant of bail

2) take the plea that after you filed for divorce wife has filed false dowry harassment case

3) that you don’t have any criminal record and would not seek to influence the witnesses

4) seek urgent hearing of your bail application

Ajay Sethi
Advocate, Mumbai
98469 Answers
8011 Consultations

For the present you may move high court for AB with the copy of the dismissal order by the sessions court.

Let the bail application be filed first before the court.

In the meantime you better go underground till you get bail to avoid arrest.

The warrant can be recalled even after getting AB, be in touch with your advocate.

You cannot do anything about her suicide attempt in her home.

T Kalaiselvan
Advocate, Vellore
88671 Answers
2404 Consultations

Apply to high court.

Yogendra Singh Rajawat
Advocate, Jaipur
23024 Answers
31 Consultations

1. There will be vacation bench in Patna High Court for hearing urgent ,matters like that of yours.

2. Challenge the order passed by the sessions court rejecting your AB.

3. You shall have to take steps urgently.

Krishna Kishore Ganguly
Advocate, Kolkata
27576 Answers
726 Consultations

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