• Misuse of 498A

Hi,

My wife has filed false FIR for 498(A), 406,323, 504,506, 34  IPC, My wife has an affair.

I met DCP, CP, ACP. but IO is still saying that since FIR is fileld by a lady so IP has to compulsorily file chargesheet. I told her about affair of my wife and also gave her some proofs but seems its a unwritten rule that for 498 they hve to file chargesheet. I told them to do investigation but its of no use.

Don't know what types of law have been made in our country where simply by putting false allegations of dowry (without any proof) police took FIR and now filing chargesheet 

My wife n in laws are asking money to withdraw the case and do the settlement , I am from a lower middle class family and no money to give her, Moreover, we have not done anything wrong. All allegations r false. Ready to sit for brain mapping and lie detector test for all her allegation in FIR

Told everything to police but of no use.

Must salute to women power who can file false FIR. This has become a business to earn lacs of money by filling false FIR.
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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20 Answers

police have to carry out investigations and can file closure report if there is no evidence against you

2)refuse to bow down to black mail tactics

3) file for divorce on grounds of adultery and mental cruelty

4) make her lover co respondent in divorce case

Ajay Sethi
Advocate, Mumbai
78820 Answers
4738 Consultations

5.0 on 5.0

The Supreme Court has off lately passed a number of judgements, taking a stern view at disgruntled wives and their attempt to exploit the matrimonial laws of the Country.

Almost 95% of 498a cases result in acquittal.

Once the charge sheet is filed, you will have the option to assail the same before the High Court in an application under sec 482 crpc.

Since, there are no evidences and other material in support of her allegations, this case too is likely to result in your acquittal.

Vibhanshu Srivastava
Advocate, New Delhi
9113 Answers
179 Consultations

5.0 on 5.0

Dear Client,

There`s no need to panic. No certain law that the women has filed a FIR, charge sheet is mandatory. In lot of FIR, closer report is submitted.

If police not including the evidence, at the time trail, u can submit before court at the stage of defense evidence. Police officials lack wisdom but not magistrate.

Justice may delay but not denied. Keep evidences safe and in original. And try to procure evidence of extortion and demand by in laws and wife.

Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet: SC [Read Order]...

Yogendra Singh Rajawat
Advocate, Jaipur
21336 Answers
31 Consultations

4.4 on 5.0

Dear Concern,

At last most of the 498A case are setlled and to lower down the amount all the trick is played from your advocate .

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

Dear Sir

The right way to handle this issue is to contest the matter seriously. From the all charges you need to take proper way of cross examination to bring from false to truth. Misuse of the loops holes of the law they may act smart for short period. Collect maximum evidence against her to prove that she is having an affair and and registered false complaint.

Feel free for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Please approach jurisdiction high court to seeking for quashing of FIR under. Sec 482 crpc. In mean While get anticipatory bail under sec 438 crpc from local sessions court. Also note that police cannot reject to register FIR for any person as such it is their duty. Chargesheet is filed only after completion of investigation. If there is no offence made out they will file B Report. Also keep proof of her demanding amount from you that will help you in further proceedings.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Kindly obtain an Anticipatory bail, you can continue criticizing the prevailing law later.

Further FIR does not mean you are convicted it is the initial stage of investigation. You shall have the full liberty to contest the case before the concerning court. Please make sure you have the proper evidence to prove all your statements.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

If you have evidence you can file discharge after filing of chargesheet. You can also file quashing in HC.

Prashant Nayak
Advocate, Mumbai
22064 Answers
49 Consultations

4.4 on 5.0

The law has changes since 2017 after a judgment pronounced by SC. The complaint should be referred to committees and no arrest shall be made without the committee's report. The bail application has to be considered within one day after giving notice to PP. Instead of moaning about the past, file an anticipatory bail and thereupon proceed to quash. At the time of quash, a direction may be sought to initiate departmental action against the erring police officials.

Rajaganapathy Ganesan
Advocate, Chennai
1802 Answers
8 Consultations

4.9 on 5.0

Hi

You are one among the lakhs of sufferers.

Do not loose hope. Take copies of FIR & Charge sheet.

Contest the cases.

Use all the material proofs against her and get the same dismissed.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2811 Answers
9 Consultations

5.0 on 5.0

It is a sad situation that despite there being a plethora of judgments from the Supreme Court directing the Police Stations to carry out full investigation before lodging an FIR, they continue to act in this manner and fashion. Once an FIR is filed, chargesheet will have to be filed by the Police. Thereafter you can either move the High Court for quashing the same against your family members or wait for the matter to get over and thereafter use your acquittal from the proceedings as another ground to obtain Divorce from your wife.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

If police is satisfied with your story they can file a final report instead of the charges sheet and declare you innocent.

The best way is get some agreement to get out of this problem now and take the necessary steps later to settle the life issues.

Vimlesh Prasad Mishra
Advocate, Lucknow
6783 Answers
23 Consultations

4.9 on 5.0

Whats your question

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Suggestions to fight 498A

498A is rich men’s game. Start not to love money. Money will invariably go. Don’t be depressed seeing you’re hard earned money go. Think in your mind that your life is saved in exchange of some money. Think of it as cancer engulfing some part of your body and you are spending money to save your body part. 498A will make you stronger and you will earn more money in future. Think of police, lawyers and middlemen as parasites on affected part of your body. When part of your body gets cured these parasites will automatically disappear.

There is no single remedy for all cases of 498A and its associated ones. Learn from internet and take your own decisions using your commonsense. The women know that they have done wrong. After 498A a man becomes free but a woman is gripped in so many hassles. Her family becomes untouchable. It becomes very hard to conduct marriage in her family. She is virtually socially boycotted. In earlier days people used to think that it was fault of men. But nowadays almost everybody knows that 498A is done for revenge, extortion, extra marital, not getting physically satisfied from hubby and to get rid of hubby. Don’t bother for society. Society is with you.

Doing 498A by a woman is not easy. She needs extra external support to conduct and continue it. This extra support comes from her maternal family or some boyfriend. Woman does not do 498A on one fine morning. There is always a matrimonial dispute beforehand. You can sense the wrath of wife beforehand. Warning is almost always given before executing 498A. Don’t take the warning lightly. Start doing your preparations. Start separating your assets. It is a good practice not to share your assets with your wife.

Maybe your own relatives corner from you. Believe me “498A 498A bhai bhai”. A 498A victim has always a soft corner for another 498A victim. Share your thoughts. Do a lots of blogging. Get experience from other 498A victims. These experiences help a lot. SIF had warned me that if I go home I might face 307 (Attempt to murder). I disregarded them and went home and faced 307 and was in custody.

Man is shy of himself and not from others. When I was roped like criminals and one rope traversed around 10 people knotted on the trunk I was not ashamed because I did not do any wrong. I kept eye contact with people who looked upon me. I found myself to be a stronger person.

Try to escape custody at any cost but don’t fear from it. If it comes face it. There were millions of people who faced custody. These are lock ups and not concentration camps. Everybody in police knows that you are not at fault. Behave properly with them. They will not harm you. They are human beings. They have sympathy with you but they may be corrupted. They will try to extract money from you. Condition of police lockups, jails, courts and related system are more or less same all over country. This system was designed by British for their own purpose of ruling rest of the world. We have adopted that system. In this system the representatives of rulers are never wrong. Even if a wrong judgment is passed a judge is never penalized. A police officer is never punished unless he does homicide. Lawyers fight for wrong causes. Public prosecutors routinely demands custody for victims. Police always demand police custody. You are the prey. They will feed upon you. Courts are business houses and lawyers, judges, brokers, public prosecutors are the agents and you are the customer. In our country anybody can trap anybody to face custody. If you have money power and you know how to use it you can very well save yourself. Poor has to face custody.

Ganesh Kadam
Advocate, Pune
11563 Answers
107 Consultations

4.9 on 5.0

It would not be advisable to go for settlement.

You can go for quashing.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

You should a case before high court for quashing of FIR and stay to the further investigation. There are Judgment of Supreme court that without preliminary inquiry no FiR should be registered in 498 and no arrest should be made and counseling must be done before registeration of the same.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1. You met DCP and all other people but you did not adopt the actual remedy that is available to you. In these circumstances you ought to have filed a petition in the High Court for a fair investigation in the case. The HC can direct the IO to take on record the proofs which you submit to him and then file his report after conducting a fair investigation.

2. If the chargesheet has not been filed yet then go to the HC immediately.

Ashish Davessar
Advocate, Jaipur
29939 Answers
864 Consultations

5.0 on 5.0

Dear Sir,

Laws are there for the welfare of women folk. If they and their relatives misuse the same, nobody can do anything. Secondly you may challenge on such false FIR by approaching High Court. If you have no money then approach High Court legal services authority for getting free advocate. Even if charge sheet is filed you may file discharge application and on its rejection you can approach the High Court for necessary orders. Now the law is enlarged and you can file domestic violence case against your wife. For more guidance call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
5579 Answers
217 Consultations

4.8 on 5.0

There is no use talking to the arrogantly adamant non cooperative cops.

They won't apply their minds in such cases.

There will be no purpose solved even you make any fervent request.

It's better you challenge the case in trial court on merits and documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
68844 Answers
929 Consultations

5.0 on 5.0

Hello,

What you have said is sad but the truth prevalent in our society.

No need to give any money, fight the case well take part in the trial.

As soon as the charge sheet is filed, move a discharge application.

As and when you are released from the case, file a case against them in order to claim compensation

Anilesh Tewari
Advocate, New Delhi
17841 Answers
312 Consultations

5.0 on 5.0

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