My wife filed a false 498a case against me and my family.earlier she was taken forcibly by her father from my home .I filed police complaint,rcr bt she didn't returned,then filed habeous in which police gave statement in hcourt tht I was harassing her for dowry and her statements and her relative statemnts have been recorded.i have written proof of tht.but in actual complaint for dowry harassement was given that night after court and her statemnts are recorded that night ..have proof of this..means police gave wrong statemnent in court and is implicating us in false case.moreover on incidence of beating mentioned in fir ,I was out of station on govt duty.got proof. the allegation tht I demanded Honda city diesel car I also false as tht model was launched a year after jb allegation of demand is made...moreover it is alleged to be demanded on birth ceremony of child which is not dowry..my case is on charge framing stage.as judge cant see proofs ryt nw...wht option I have to get discharge?shall I go for quashing yaan wait for charges to be framed then challenge it...anyway in which judge can see my proofs?
Asked 2 years ago in Family Law from Amritsar, Punjab
1)obtain anticipatory bail in 498A case
2) wife had to prove allegations made in the complaint
3) 498A cases take more than 5 years to be disposed of
4) 80 per cent of 498A case are false and end in acquittal
5) wait for charge sheet to be filed then move for quashing based on advice from your lawyer
1. I do not agree with some of your legal actions like filing RCR application and habeas corpus application since it did not help you at all,
2. Police has given its statement after conducting investigation which does not have any connection with the FIR filed by your wife,
3. You have good points to contest the dowry harassment case filed by yoir wife against you since some of her vital complaints can be proved wrong by you,
4. Demanding car on he occasion of birth ceremony of child can be treated as extension of dowry demand,
5. You can file a quash petition after the charge sheet is filed by the police.
When a Police officer gives a Police report under section 173 Cr.P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried.The investigating officer collects material from all sides and prepares a report, which he files in the court as charge-sheet.
The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence
What you do Now ?
Denied the Charges against you and your family members before the court. You Should Frame your case as per your evidence, And contest the case on merit.After filing of charge sheet you can approach the Highcourt for quashing the FIR.
1. You can go for quashing now or file for discharge. Both the legal recourses are available to you. Ordinarily the lower courts are loathe to discharge the accused, but quashing has a wider sweep as HC is assertive unlike the lower courts.
2. The court can see the documentary proof only during evidence.
You know that this is a foisted false case and they have planned it trap you to wreak vengeance against you on some other aspects through this case.
Whatever evidences you have written to be in your favor shall help you out when the trial of the case is going on, you may secure them without whisper about it till the trial begins so that your lawyer can drill her during cross examination and extract truth by this.
If you want to go for quash, you may have to wait for the charge sheet to be filed in the court.You can fight it out on merits in the quash case too.