• False 498A counter cases

My wife has registered a false 498A against me and my parents. I have had a terrible experience of the manner in which the police handled my 498A investigation. They seemed only interested in finding avenues of making money through bribes rather than studying the counter-evidence I had shared with them. Now, the time is right to file counter cases. I have irrefutable evidence against my wife and my in-laws which constitute offences under the below mentioned IPC sections. However, I am apprehensive about dealing with the police as I would then have to register FIR (which is difficult for a man), for which I will have to file a private complaint (u/s 156 (3) CrPC), then give police statemtent (CrPC 161) etc.

[Non-Cognizable Offenses]
S.199 False statement made in declaration which is by law receiva­ble as evidence
S.200 Using as true such declaration knowing it to be false
S.500 Punishment for defamation (Criminal)
S.500 Punishment for defamation (Civil suit)
S.504 Intentional insult with intent to provoke breach of the peace
S.506 Criminal Intimidation

[Cognizable Offenses]
S.384 Punishment for extortion
S.389 Putting person in fear of accusation of offence in order to commit extortion
S.406 Punishment for criminal breach of trust
S.509 Word, gesture or act intended to insult modesty of a woman

My questions are:
1. As some of the above offenses are cognizable, is it mandatory for me to file FIRs in the police station? If you believe that an FIR in police would help or is absolutely necessary, which of the above offences should I mention to the police?
2. How would you suggest I combine the above offenses when I am filing the cases? Right now, I know that for Crimination defamation, I will have to approach the CMM (City Metropolitan Magistrate) court and for the Civil Defamation suit, I will have to approach the City Civil Court. I would request your guidance.
3. While filing the cases mentioned in Question (2), do you suggest that I send a legal notice to my wife and in-laws, or should I rely on the court to send the summons to them?
4. While settling civil suit, what is your advice for demanding public apology from the respondents for the defamation caused?
5. While settling civil suit, what is your advice for claiming compensation for punitive damages, legal expenses, etc.?

Note: I cannot wait for the acquittal in 498A to file the above cases as the above cases are independent from the 498A investigation and need to be filed now as they many not be maintainable after the end of my 498A trial.
Asked 1 month ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

You should first of all file a domestic violence case against her and her family through your mother. 

FIR will not be entertained by the police and hence a complaint under s.156 3 should be filed before the magistrate.

Defamation can only be filed if she has stated something in the FIR which is false. The statements in the FIR haven't been proved/disproved yet so don't file the defamation case yet.

File a criminal complaint and a domestic violence case against her.

 

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

1.  You cannot file a FIR.

You may have to lodge a criminal complaint against your wife or her side people venting out your grievances.

You need not even mention the sections of the law that would attract the offences, the police will take care of these sections.

The police may take legal action  and after preliminary enquiry, the police may register the FIR or not upto their discretion.

2. As far as defamation case is concerned you may have to file a private complaint under section 500 IPC read with section 200 Cr.p.c., and for civil defamation issue, you may have to file a lawsuit.  For combining the offences, it is for the police to register the FIR based on their preliminary inquiry involving the sections of law that would be applicable based on your complaint.

3. You may have to send a legal notice if you are intending to file a defamation case against her to seek her explanation and reply to the allegations you have leveled against her in the legal notice.

4. You may have to decide about the relief becasue it is you who have desired to file the civil suit for defamation.

5. See the above answer.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

1. You can lodge a compliant before the police and higher official , and if there is not FIR then approach the court under said section 156(3) crpc. 

- Mention these offences in your compliant 

2. Yes

3. For the magistrate filing no legal notice required , but for defamation it is required to send . 

4.  You can claim compensation in the defamation suit.

- Your mother being a woman can also file a compliant under the provision of domestic violence Act against her harassment. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Hey,

I am aware that this is not amongst the questions you have asked but however I figured I would ask about this. Is there any strong evidence constituting to cruelty against you based on which the FIR has been filed. If you think that there was no strong evidence as such then why don't you approach the high court to quash the FIR as you will get it out of your way pretty soon and further go ahead with filing the counter cases. 

Now, the answers to your questions - 

1. You cannot file an FIR. You would have to file a complaint. 

2. The discretion is with the police to combine the cases based on the facts and circumstances. 

3. As such the CPC doesn't make legal notice as mandatory but you would probably have to send the legal notice and give a time period of 7 days for them to either compensate or reply. For the criminal defamation, legal notice is not necessary. You can file a private complaint with the magistrate. 

4 & 5. It is up to you to decide and claim the same and see whether while settling the opposite party would be willing to adhere to them.  

 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

- Everybody who came, had same experience in 498A.
And everybody becomes lawyer using Google afterwards.
Nobody do any search before 498A.

1. Police might or might not take FIR.
But you have to give complaint.
Let police not register FIR.
Then only you can file private case to register FIR.
Mention only facts, not sections.

2. Defamation is not a good idea.
But its your choice.
Notice is mandatory.

4. Its absolutely upto you.
Court will mostly order for apology.

5. Its absolutely upto you.

you will learn your lessons.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

1. Yes

2. File separate cases. 

3. Court would send summons. 

4. It's your choice. 

5. Same as above. 

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

File police complaint against your wife under section 384 , 504,506 ,of IPC 

 

2) if poluce refuse to take action file private complaint before magistrate under section 156(3) of cr pc to direct poluce to investigate and submit report 

 

3) for suit for damages you have to file civil suit 

 

4) before filing case for criminal defamation issue notice to tender an unconditional apology and withdraw allegations 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

The police

Though an FIR is the first step to achieve justice via criminal mechanism, the FIR is itself not a declaration of the punishment or finality of the allegations made by a complainant/ victim. 

The Supreme Court of India in the case of Lalita Kumari Versus Govt. of U.P. & Ors. has propounded the principles and law relating to registration of F.I.R.

  1. Registration of FIR is mandatory under Section 154 of the Code of Criminal Procedure, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
  2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

  • If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

  1. The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
  2. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
  3. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:


    1. Matrimonial disputes/ family disputes
    2. Commercial offences
    3. Medical negligence cases
    4. Corruption cases
    5. Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.

The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

  • While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed fifteen days generally and in exceptional cases, by giving adequate reasons, six weeks time is provided. The fact of such delay and the causes of it must be reflected in the General Diary entry." 
  • Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above

So you only file a complaint before the police, and if they refuse to register the FIR then approach the court under said section 156(3) crpc. Forget about the sections.


The law of defamation is supposed to protect people's reputations from unfair attack. Defamation is all about reputation, and in particular about statements which damage others' reputations. Anything that injures a person's reputation can be defamatory. So before filing a defamation suit, send a notice. You can file a civil and criminal case. You can also ask for the damages in the civil suit.

 

Ajay N S
Advocate, Ernakulam
3887 Answers
82 Consultations

5.0 on 5.0

1. Your knowledge is only academic which is a far cry from reality. None of the offences that you have mentioned can be said to have been committed by her unless at the culmination of a full fledged trial there is a judicial finding recorded that your wife has filed a false case and has led false evidence. The stage of evidence has not even arrived yet, so it is misconceived on your part to conclude that she has led 'false evidence' as envisaged by IPC. Theory and practice of law are diametrically opposite. Even on the touchstone of theory, you are flawed in your view regarding the non-maintainability of cases contemplated by you after your acquittal.

2. Even civil suit for defamation is not maintainable unless the criminal court records a finding that criminal case was actuated with malice.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

Dear Sir,

1) File a compliant with the police, they will conduct enquiry and if cognizable offences are made that will register FIR.

2) If they do not take any such action you can write private complaint to magistrate.

3) You can civil defamation suit for seeking damages.

4) Before filing defamation case you can ask for apology in your legal notice, though issuing legal notice is not a necessity but your personal choice, but it is advisable to issue a legal notice.

5 )Claim of damages is entirely up to you to decide.

Thank you

 

 

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer