• Criminal case against wife and her relatives after getting 498a FIR quashed by HC

Hi Experts,
 My wife filed FIR under IPC Sections 498a, 323, 504, 506 against 5 immediate family members and 5 distant relatives of mine in June 2019. I have got the FIR quashed by HC against 7 members out of 10 in Jan 2021. I am looking what criminal cases i can file against my wife and her relatives using this Quash order? My wife's and her family's only intention is to harass me and my family. She has filed false cases like DV(3 year old), RCR (3 years old), 498a (June 2019) etc. at her residence for our marriage duration of 5-6 months only. Out this 5-6 months, wife stayed with me and my family for 20-25 days only. I have filed Divorce case against her, however she just wants to harass me and family without any settlement talks . No child involved. 

What cases I can file against wife and her relatives for filing false false 498a against those 7 members? Her relatives gave false statements in Chargesheet. 

Can i explore for Defamation case under IPC 499,500 against her and her family members?
Asked 7 months ago in Family Law
Religion: Hindu

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8 Answers

In all the cases filed by her, all accused should get honorable acquittal, not acquittal on benefit of doubt or for defective investigation. The acquittal should be final, that is from trial court, appellate court, High Court and Supreme Court if the matter is taken there from any of the parties. After that you are entitled to file a complainant for malicious against her. Defamation is not attracted for filing criminal or civil cases in any court.

Ravi Shinde
Advocate, Hyderabad
1431 Answers
16 Consultations

5.0 on 5.0

File case of criminal defamation under section 500 against wife and her relatives 

 

also file civil suit for damages 

Ajay Sethi
Advocate, Mumbai
84049 Answers
5477 Consultations

5.0 on 5.0

File a domestic violence case against her through your mother and sister. File a defamation case against her. Also file a fir against hher family members u/s [deleted] .

A defamation case should also be filedm

Rahul Mishra
Advocate, Lucknow
13045 Answers
42 Consultations

5.0 on 5.0

Defamation suits even if filed will take years to be decided. filing of a defamation suit is not advisable.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

  1. Prosecuting you, however baselessly, doesn't amount to defamation. 
  2. However, you can sue your wife and in-laws for malicious prosecution and you must do so. 
  3. I'm willing to plead the suit as your counsel. However, I require an exhaustive consultation session with you first. You need to visit me for that. I'm based in Mumbai /NaviMumbai just as you are, so it might be much of an issue for you to visit me. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1420 Answers
5 Consultations

4.4 on 5.0

The quashing of the charge sheets against the seven members would not entitle them to lodge a criminal complaint against your wife.

^They cannot file any criminal case against her just because they have been  relieved from this case by high court in an order in the quash petition.

They can take action against the police alone for malicious prosecution since the case against them ws filed by the police and not by her even though she is a defacto complainant in this case.

 

 

T Kalaiselvan
Advocate, Vellore
74146 Answers
1202 Consultations

5.0 on 5.0

Dear Sir,

It is added to your knowledge that since your wife filed false case of 498A & domestic violence and FIR against 7 members has been quashed by the HC, you can file for cruelty as well. You can also follow the remedies provided below against the false case filed by your wife-

 

How to protect yourself from a false 498A case?

There’s a lot a falsely accused man can do to protect himself from the fabricated allegations against him under section 498A. A countersuit can be filed in such cases of false accusation under various sections of the IPC and CPC. The same has been described in the below mentioned points:

  1. A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.
     

  2. A case under Section 120B (Criminal Conspiracy) of the IPC can be filed by the man for criminal conspiracy. In the case where the man finds that his wife is criminally conspiring against him or his family members, he can straight away file a counter case against her for the same under this section.
     

  3. Section 191 (Giving false evidence) of the IPC comes into the play when the man can start to smell something fishy and comes to know that the evidence which is being used against him is false. In such a case a man can allege that he’s being wrongfully framed in the case.
     

  4. Under the belief that the case filed under section 498A filed by the woman against her husband or his relatives is false, a counter lawsuit can be filed under Section 227 (violation of condition of remission of punishment) of the IPC.
     

  5. In case the woman threatens to injure or harm her husband or his relatives, a counter-complaint under Section 506 (Punishment for criminal intimidation) of the IPC can be filed in the court of law.

 

Procedure to be followed to procure protection in a false 498A case

The laws are always made with the aim of safeguarding the rights of the citizens of the country and to create a sense of discipline in the society but the people misuse them for obtaining undue benefits and hence cause nuisance and become a problem for innocent people. 

The procedure of protecting oneself from a fabricated case under section 498A is:

1. Collection of all the evidence and related documents: First of all, the person falsely accused must try to catch hold of all the corroborative evidence and documents related to the case. The accused must start compiling as much evidence as he can, such as:
 

  • Any conversation over the phone between the wife and the husband or his relatives, or any call recordings of the conversation or text messages.

  • Any proof that the wife has left her husband’s home at her own will.
     

2. Get legal advice: The aggrieved party, after having made all the possible efforts from his/her end, must seek legal advice from a criminal defense lawyer in the matter and do as the attorney guides him to do.

3. A Defamation case against the false 498A case can be filed: The falsely accused man can file a defamation case under section 500 of the IPC against the woman for maligning his and his relatives’ image by filing a false 498A case against them.

4. A case for Restitution of Conjugal Rights can be filed: In the case where the wife has walked out her husband’s house and is living in her parental house, a case against her for restitution of conjugal rights can be filed by the husband under section 9 of the Hindu Marriage Act, 1955. Taking this step would add positively to the husband’s legal case.

5. File an FIR against the wife alleging her of falsely framing the man in a 498A case: An FIR can be filed against the wife alleging her of falsely framing the man in a 498A case or blackmailing him and his relatives or simply for causing them harm and hurting them.

 

 

Anik Miu
Advocate, Bangalore
2493 Answers
26 Consultations

4.9 on 5.0

- Yes, the said family members who already come out of the FIR after quashing can file defamation case against her and her relatives. 

- Further , your mother being a woman can also file a compliant under the provision of domestic violence act against her harassment. 

Mohammed Shahzad
Advocate, Delhi
7971 Answers
85 Consultations

5.0 on 5.0

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