• Is female are punnisable for forge case on domestic violence, 498a

We are suffering from 498 a since a year now current status is we got bail from hc please suggest further what will happen.
Asked 14 days ago in Criminal Law from kandivali west mumbai, Maharashtra
Religion: Hindu

An fir must have been registered and the police must have either arrested you or you got an anticipatory bail. Now the charge  sheet would be filed and the trial would commence. There would be arguments and evidence would be produced in the district court. A judgment would be passed based upon it.

Regards 

Rahul Mishra
Advocate, Lucknow
3638 Answers
10 Consultations

5.0 on 5.0

You can file a 482 application in the high court for quashing of the charge sheet.

Regards 

Rahul Mishra
Advocate, Lucknow
3638 Answers
10 Consultations

5.0 on 5.0

Police will investigate and call you to record statement. Since, bail is already granted, no arrest until fresh charges book against you.Well, nothing to bother, no such arrest will call now once bail granted.

If police files charge sheet, court will grant regular bail by filling bonds.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

498A cases take 10 years to be diposed of 

 

2) police would conduct investigations and file charge sheet 

 

3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

since you have been granted anticipatory bail by HC wait for police to complete investigations and file charge sheet or closure report 

 

2) prosecution has to examine witnesses to prove allegations made in FIR 

 

3) you can cross examine the witnesses 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

Hello,

now you will have to participate in the trial before the lower court if the charge sheet has been filed.

charges will be framed.

statement of all the parties including witnesses will be taken.

engage a local lawyer.

 

regards

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

If the charge sheet has not been filed then in that case you will have to participate in investigations and give your statement under 161 and 164.

if prima facie case is found then charge sheet will be filed otherwise final report will be filed.

 

regards

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

yes under 340 crpc

The Single Bench has held that when a wife misuses women-centric laws by declaring completely incorrect facts, the trial court can direct her prosecution, at the time of considering the case, under Section 340 of the Code of Criminal Procedure, 1973.

In the instant case, the petitioner wife had made an application seeking maintenance for herself and her son. She had submitted an affidavit, wherein she had declared herself a housewife having no source of income. Later, her husband moved an application to the trial Court contending that his wife was earning Rs. 40,000 per month and had produced false evidence on oath. The trial court, accordingly, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code. The High Court noted that the action can be taken under Section 340 of CrPC when it is expedient in the interests of justice, and the impact on the administration of justice by misuse of women-centric laws would make it expedient for the trial Court to direct the prosecution. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. 

Aveek Bose
Advocate, Kolkata
881 Answers
4 Consultations

4.7 on 5.0

Hi, 

After charge sheet filed by police, you just need to get the bail from trial court itself after filing bail application to continue previous bail and bail bond. If you wish you may approach high court for quashing of case as well as FIR. 

Ganesh Singh
Advocate, Delhi
2944 Answers
8 Consultations

4.5 on 5.0

Trial will commence. Have you not appointed a lawyer to defend you? You must. 

I'm based in Mumbai and prepared to defend you. So come to my office. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
862 Answers
1 Consultation

4.4 on 5.0

Yes she can be booked for perjury,  defamation and false prosecution if false case if filed by her

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

See if you are given clear acquittal or case against you is quashed then a defamation and malicious prosecution complaint and suit can be filed against the female.

Shubham Jhajharia
Advocate, Ahmedabad
16364 Answers
66 Consultations

5.0 on 5.0

Sir after bail you are free and you need to appear before court on dates after chargesheet is filed you can apply for discharge, the court shall frame charges and proceed for evidence that is examination in chief and cross examination.

Shubham Jhajharia
Advocate, Ahmedabad
16364 Answers
66 Consultations

5.0 on 5.0

- Since, you got bail from the High Cout, so, no need to worry for further harassment from the female side,

- After compeleting the investigaton, now I.O of the case will file Charge sheet before the concerned Court and trial will start , where you will be given chance to clear your case , otherwise charge will be framed. 

- After the said charge framing, you will have to represent your case and produce your evidence against the said complaint of the Female . 

- Now, if you think and having evidence/proof in your support that the FIR filed by the Female is false and baseless , then you should approach High Court for Quashing the said FIR under section 482 CrPc.

- You can also file and FIR against the said Female for blackmailing or for filing a false 498A case against you people. If, after receiving your complaint , the police refused to register FIR against the said Female , then you can approach to higher police official or to the Court for the same.

- If the said Female has left her matrimonial home and went back to live with her family, then you can file a case for  restitution of conjugal rights against her under Section 9 of Hindu Marriage Act.

- If you think that she has file a baseless case against you people , then you can also file a Defamation Case against her for maligning your image by filing a false 498A case.

 

Good Luck and dont forget to positive Rating . 

Mohammed Shahzad
Advocate, Delhi
314 Answers
14 Consultations

5.0 on 5.0

1. You have already got the bail from the aHigh Court. so, your basic problem is iver.

 

2. Now contest the case fittingly.

 

3. Develop rapport with the I.O. of police and ensure that charge sheet  is submitted keeping loopholes therein.

 

4. Thereafter file a quash petition before the High Court pointing out the said loopholes found in the charge sheet.

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

1. Charge shet will be filed by the opolice,

 

2. You shall be asked to submit your evidence and will be cross examined.

 

3. Charges will be framed and arguments will take place between lawyers of both the side.

 

4. Judgement/Order will be passed by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

1. After the grant of bail the case will still proceed ahead. Now investigating officer will complete the investigation and then file his final report or chargesheet. 

2. You have the option to either file a petition for quashing of FIR in the High Court or face trial after charges are framed.

3. Nothing concrete can be said unless the FIR is perused. 

Ashish Davessar
Advocate, Jaipur
26020 Answers
756 Consultations

5.0 on 5.0

now police will submit the charge sheet and case will reach the stage of prosecution evidence, defense evidence, then arguments and FINAL VERDICT 

Suneel Moudgil
Advocate, Panipat
975 Answers
1 Consultation

4.3 on 5.0

1. Since you have got bail, surrender yourself in the lower court and get the AB regularised by the Magistrate.

2. Thereafter till the Charge Sheet is submitted you may wait and after submission of CS the court would frame the charges and thereafter it would try the charges.

3. All these processes to end would take time.

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

you can approach the High Court for quashing of the FIR. Next if your wife does not want to stay with you then you try for amicable settlement and after settlement approach the Family Court for dissolution of marriage by mutual consent.

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

You have got bail from high court.

You may await notice from court about the trial of the case after which you may have to appear before the court regularly till the disposal of the case.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Once the charge sheet is filed before court, you may get a notice from court to appear before court and then the trial will begin.

In that there will be a initial questioning by court for the charges against you.

Then the witnesses will depose evidence after which you can cross examine the witnesses and then the matter will be posted for 313 questioning after which if there is no defence witness, then it will be posted for arguments and disposal.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

If she has filed false 498a case against you than she can will be punished.

Ganesh Kadam
Advocate, Pune
6807 Answers
53 Consultations

4.9 on 5.0

Detailed discussion is necessary sir

Aveek Bose
Advocate, Kolkata
881 Answers
4 Consultations

4.7 on 5.0

Police will start their investigation where they will collect evidence as well as record statements of all the parties concerned. Thereafter they will prepare charge sheet it and file it in court. if no case has been made out against you after investigation, they can also file closure report.

Siddharth Jain
Advocate, New Delhi
4382 Answers
45 Consultations

5.0 on 5.0

After the charge sheet has been filed in court, the trial will commence.

Siddharth Jain
Advocate, New Delhi
4382 Answers
45 Consultations

5.0 on 5.0

Dear Client 

If somehow you can prove that the case was forged then you can file a defamation case against the lady. 

And the next there will be stage of framing of charge and then followed by statements of prosecution witnesses after charge.

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

They are , if chargesheet or final report says so.

But it is rarest of rare.

Prepare to defend the case on merits when u are summoned from the Court.

Deepankar Kataria
Advocate, Delhi
130 Answers

5.0 on 5.0

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