• 498a partly quashed

Hi,
I am sister-in-law of the women who has filed 498a case on my brother, my parents and on me. After all four of us got bails for this criminal case, we filed quashing case in Aurangabad High Court. Now only my name is removed from FIR and my brother and my parents names are not removed. Till date she has not provided any evidences against us in lower court as well as in high court. Now charges will be filed against my brother and my parents.
My question is can I file FIR against her and the members whose names are present in ChargeSheet, saying that we have comiited crime?
And can my brother and my parents also file FIR against her that we they have not committed any such crime?
The things she is saying that my brother has asked for 50,000 rs drowry, my mother has abused her orally saying that is fat and not fit and father has asked for divorce.
Please help us out for some solution because her lawyer is not letting them come in mutual descussion and we fear that this case will be dragged for years because of her lawyer.
Secondly, till date we have not filed any cases against her. All this has happened in duration of 2 years.
Asked 10 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu

See no such FIR is possible if your name is dropped then in that case you can issue her a defamation notice and a private complaint of defamation and malicious prosecution with the magistrate.

 

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

1) you can file case of defamation against sister in law for maligning your reputation under section 500 of IPC 

 

2) brother and parents can also file defamation case against SIL 

 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

1. If through the quashing your name is removed then you are no more part of the case. However only because your name is removed that does not mean that you can get FIR registered against the complaint of the case. 

2. Now since the decision of quashing case has come out now you option lies either filing SLP in supreme court or taking part in the trial of the case.

3. For expeditious completion of your case you can file revision in high court for speedy trial.

 

Devajyoti Barman
Advocate, Kolkata
19620 Answers
278 Consultations

5.0 on 5.0

Nops.

No, till court dose not acquits parents finding them not guilty.

All are granted bail, so relax, not trail will proceed. will take time. Till than possibility may arise where mutual settlement will be possible.

Yogendra Singh Rajawat
Advocate, Jaipur
18590 Answers
22 Consultations

4.6 on 5.0

  1. First of all the accused must appoint a competent counsel to defend in trial. If trial has not commenced, the counsel must immediately plea for discharge. If it has commenced, the counsel must puncture holes in the prosecution case and get accused aquitted. 
  2. After securing successful defence, you guys can sue the prosecuterix for malicious prosecution. 
  3. I'm prepared to defend the accused in the criminal case; and also sue the prosecuterix for malacious prosecution. However, first I need an exhaustive consultation session with the accused to brief further. So do pay me a visit. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
4 Consultations

4.4 on 5.0

On what allegation you will file FIR ? No offense committed by her with you ?

Yogendra Singh Rajawat
Advocate, Jaipur
18590 Answers
22 Consultations

4.6 on 5.0

1) Because malicious prosecution is a civil wrong and not a criminal offence.  

2) call up to seek appointment for further consultation. Have already provided you my number. Just carrying on here doesn't serve any purpose. Accused are to be defended in court, not here

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
4 Consultations

4.4 on 5.0

Litigation in India is long drawn and expensive proposition 

 

2) you can file suit for damages against your sister in law 

 

3) also file complaint of criminal defamation 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

Still until court not give finding that allegation were false, no FIR can be file,later can file FIR for giving false information, with intent to cause public servant to use his lawful power to the injury of another person

Yogendra Singh Rajawat
Advocate, Jaipur
18590 Answers
22 Consultations

4.6 on 5.0

File suit for damages as mentioned herein above 

 

also private complaint of criminal defamation 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

You have an awesome case. Now all you have to do is to act strategically and plan your moves well.

Although I have not seen the quash order, asa first step file criminal defamation on her and her parents. Don't file on others. Only on 3 of them.

Attack is the best defence. Once you file any case on them, then she will have to go to court and that's when she will come back and take her case back.

Also your parents can file a counter complaint against them as giving dowry is also a crime. Although it will not stand, it's one pressure tactics.

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Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

No your family cannot file any fir against them. 

Your brother can file divorce petition and court will list the matter for mediation and try there to settle case with mutual consent. 

Another thing you can do is you can file defamation complaint in court against her and her family members

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

See in case you take any step they will again file petition to add your name back and same will go on in the court. 

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

See you can take steps to file and recover the amount but that will lead subsequent parallel proceedings and which will result no good.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

You need to show a cognizable offense to file FIR. You can file a FIR against her after you get acquitted from the said matter. You can also file discharge in trial court

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

you institute a defamation case against her for maligning your image before you friends and family. Before that shoot a legal notice upon her seeking damages for defamation.

 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

You cannot file any FIR against her nor your parents or your brother.

Since she has given complaint and the police is taking care of the complaint by converting it into a criminal case, you may have to challenge the same in the trial proceedings on the basis of the documentary evidences in your side and merits to support your defence.

No case against her is maintainable becasue you have to prove all the charges are wrong and get acquitted from the case. 

Her lawyer has no role to play in this case becasue it is state prosecuted case.

You do not have to request her lawyer for compromise if he is not cooperating.

You may ask your brother to file a divorce case on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

What is the reason that you have to file a FIR against her?

You dont have any reason except that she has filed the case against you, if it is false then prove it to be false in the court and after that you may plan to take any legal action against her

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

You can justify your anguish and anger on her for this, but you cannot do anything about it because this is a police case hence any action that you would propose to take shall be against the police only and not against her, the police can be held for malicious prosecution, therefore instead of wasting your time on revenge or anything you may better look for your career progress.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Dear

There will be no benefit of filing FIR against her at this stage. She can defend herself by saying that the FiR is filed for creating pressure for taking her complaint back. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

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