Quashing is filed before high court. You need to appoint a lawyer and file the same.once your offence is quashed then you will be free
Fake 498A + 34
My wife tried to separate me from my relatives and always blamed me for keeping in touch with my mother , sister and relatives. She said I have been disclosing everything to my mother and sister. She deserted me on sept 13, 2018 at night after a failed attempt to say that she was hospitalized due to bleeding during pregnancy due to my mental torturing I,e; she went to hospital and doctor said nothing wrong with her pregnancy and when I reached home(I was in Trivandrum and she in bangalore) she refused to visit regular gynecologist with me and instead went to office despite my request. I complained to police station immediately by calling 100 at that night and when realized it was her plan to trap me in the next 2 days I consulted a lawyer and gave a formally drafted complaint at Bangalore HAL police station that she left me. In a month (Nov2018) I also submitted an RCR petition in Bangalore family court. Now she has filed a fake 498 case against me saying that I have asked her dowry of 50 sovereign gold and 2 lakh rupees and her old dio scooter. I have all chat conversations with her where she insists me to take her dio scooter and I yields and later when seperated, she demanded scooter and I said she can send somebody near my office and I would return it. But she never came and said it is my responsibility to give it back to her house. Also I have chat conversation with her where she is asking me for locker and I said I don't have, and she says it is to keep her gold and property documents. I showed no interest in the chat to obtain them and till date I don't know where she has kept her gold and documents. Also I have chat conversation with her where I had given my 4 lakh rupees credit card for her to use and asking her not to use her own money and instead use the credit card and I will manage to pay it later. Will the above proofs help me in getting this false accusation against me and my mother and sister , quashed in high court ? The high court lawyer whom I approached said there is no vakalat which needs to be signed by me for quashing and he needed only chat conversation as proofs. I have also engaged another lawyer for anticipatory bail for all three of us. Kindly detail me the process of quashing and advise me what steps should I take against this false case and trauma.
Asked 7 years ago in Family Law
Religion: Hindu
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9 Answers
Chat conversation will help you in proving your innocence
2) apply for and obtain Anticipatory bail from sessions court
3) submit chat conversation to IO
4) wait for investigations to be completed
5) if charge sheet is filed against you then apply for quashing in HC
See you can file a quashing petition before the high court though high court shall not examine the evidence it has to be done in lower court. Submit transcript of all chat before IO, so that in quashing if high court call for the record then IO can also bring these chat on record.
Further the transcript of chat can be filed.along petition in high court. You need to sign the vakaltnama of advocate to file the petition.
See now the high court if finds the acquisition are false it can stay the trial can hear the quashing on merits and there is chance court can quash the FIR.
1. In quashing the criminal complaint or the charge sheet the evidences you may have in your defence is not taken into consideration unless the same is unimpeachable.
2. Without a vakalatnama no advocate can file case and hear the matter on behalf of the client.
3. Yes, first apply for anticipatory bail and then go for quashing.
Dear Sir,
The following FAQs will help you.
Case under Section 498a IPC Dowry Case – Defense how to take ….Frequently Asked Questions
Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm
Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.
Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.
Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
More FAQ’s on request.
Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609
Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.
Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.
Q. We went to the police, but they didn't write down what I stated verbally. What is the solution?
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.
- I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint?
A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%). - When station in-charge of police station does not register the case, what can I do?
A. You have the below options.
1) Try to get the reason for not registering the complaint in written.
2) Approach SP of district.
3) Approach media.
4) Approach local heavyweights, NGOs, human rights activists, etc.
5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.
THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
W.A. No. 401 of 2005
6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.
- Is there anyway 498a can be averted at police station?
A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible. - I want to discuss my case with someone. What are the helpline numbers?
A. Below are the helpline numbers of volunteers. At these numbers, you can get help and counseling for pre-498a and post-498a cases.
Contact us at : [deleted]
All India Helpline Number: [deleted] (24 Hours)
Volunteer Helpline Numbers (limited contact hours)
You will have to approach the High Court with a prayer for quashing of these false allegations as well as seeking a stay on your as well as your mother and sister arrest. These are serious allegations and have to be contested.
Hi,
It is suggested that you provide all vakalatnama to advocate for the quashing of the case and also provide the print out/script of the chats in your proof. Regarding anticipatory bail, it is better to take bail of your parents first and then go for the bail of yourself with all the proof.
1. The lawyer cannot file a quashing petition without a vakalatnama. If at all he files the petition on the basis of memo of appearance alone then it is a very unethical practice. Engage a lawyer by executing a vakalatnama in his favour.
2. Quashing operates in a very narrow field. Unless the FIR is perused it is not possible to formulate an opinion on the prospects of quashing.
First you get enlarged on bail and after that you can look for the modes to defend your interest in the trial court.
In my opinion it will be too early to approach high court seeking quash of FIR becasue the high courts do not entertain petition seeking quash of FIR as a routine.
You can apply for quashing of charge sheet, once the charge sheet is filed before court by the police.
