• False 498a case after I filed for divorce

Premise:
Married a girl from my city on April 2010. Not a penny was demanded or taken. A very ordinary marriage. Was staying with wife in a flat owned by my father close to where parents and brother were staying in their own house above the small business they were running. I work in my father's business. We used to be in our parents place on a daily basis - I, for my work and wife , just like that. Parents loved my wife dearly and never was there any discord among anyone. We used to eat most of our meals in my mother's place even though we were provided with a fully equipped kitchen. Wife is a commerce graduate and has a MBA degree. Wife was working but quit her job before marriage on her own accord. After marriage, she was not working and it was her decision.

The marriage remained unconsummated. Wife had some fear or pain or whatever. Took her to many doctors. Thought situation will improve with time. Around 2012, wife only told my mother she has these problems. Parents also sought medical help. Told her parents also to take it seriously. They also took her to doctors and many counselling centers.

When even after 6 years when there was no serious effort on her part to set things
right, we decided to send her to her parents' house on March 2016. Gave them 15 days time to set things right. Told them we will file for divorce thereafter. Even accompanied her for the counselling whenever her family took her. Three weeks later, wife along with 15 of her relatives barged into our house and bashed me up. And even roughed up my 71 year old dad.  Used the filthiest of languages against me in the presence of my parents. They left when we called the cops. We made a police complaint but the police did not even register a case. When we recovered form the shock, we filed a NCR which still remains open.

Shocked to realize that my wife was at the forefront when they barged into our house to
attack us. We filed for divorce on the 20th of this April. On April 24, wife filed a 498a, DP 3 and 4 against the four of us. The police summoned us to the station. All of us presented ourselves. We were treated well and let off. Anyway, we went ahead and took bail.

Allegations in FIR:
"They had spent Rs. 18 lacs for the wedding. Thereafter we had demanded a site and Rs. 5 lacs to run our business. All of us used to pick up fights with her for silly reasons right from the time of marriage. She mentioned that she was staying in the joint family. Demanded gold and silver at the time of marriage and thereafter."

We have all the reports from all the doctors we visited, clearly stating her non-cooperation in sexual intercourse. She goes around town saying that I did not cooperate in consummating the marriage. In fact, all these years we did not tell even our closest relatives about her condition to protect her dignity. We have thousands of photographs and videos that show that she was really happy in our midst and she has accompanied us everywhere we have gone.

Queries:
Can we quash the FIR as the allegations are simply false and FIR is evidently filed as a counter blast to our divorce petition

Is there any way to speed up this trial in court citing the false case from wife?

What is B-extract? How to obtain it? Is it required to quash the FIR?
Asked 6 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) wait for filing of charge sheet then based on legal advice file for quashing 

2) for expediting trial you have to obtain orders from high court 

3)B Report is, as it is generally called, is the report filed by the police that there is nothing to investigate and the complaint is a mistaken fact as provided under 157(b) of CRPC. Once this is accepted, the case is closed. However, the police is duty bound to inform the defacto complaint about such a report and if the defacto complainant is aggrieved, they may prefer a protest petition. AFter the information to the defacto complainant and the protest pettiion filing time is over, the case is deemed closed.
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. FIR quashing can be filed in every case where the FIR has been lodged but any advise in this respect can be tendered only after a threadbare perusal of the FIR. The mere fact that the FIR was filed as a counter blast is no ground to apply for quashing.

2. To expedite the case you may move the HC for necessary order.

3. B-extract is a closure report filed by police.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Can we quash the FIR as the allegations are simply false and FIR is evidently filed as a counter blast to our divorce petition

Though this is a fact, the high court may not entertain the quash petition hence it will be a waste of time, money and energy, better challenge the case in the trial proceedings itself since you have substantial evidences to prove that this is a false case.







Is there any way to speed up this trial in court citing the false case from wife?

No.  You have to sail with the court accordingly.





What is B-extract? How to obtain it? Is it required to quash the FIR?

Just dont be bothered about such things. 
B-Register extract (registration details) : This is an extract of the B register maintained in the office where the registration details,ownership details, and tax paid details are recorded. An extract showing the latest details are issued to the applicant.
This is irrelevant to your queries.



T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1.  It is the case file held by police as their copy.

2.  Yes, he is right, why do you want to see that?


3.  Whatever it is the same shall be filed before court and you will come  to know then.


4.  Dont go for quash so soon, you may not get any fruitful decision in your favor.  
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. This short crux of the story that you have written here does not serve to form an opinion. The FIR has to be read threadbare.

2. CD is the diary in which the IO records all the daily happenings of the case in a chronological order.

3. You cannot see the CD. Only the court can.

4. Quashing will cost you only in terms of fee of your lawyer which I cannot foretell as there is no fixed fee structure of lawyers. If the quashing is rejected you can either move the SC or go back to trial court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
 police maintains a case diary  and it can never be produced in the case for accused to see and it is regarded an confidential document,

2) "You can not ask, copy of Police case diary under RTI"It is a confidential document which only trial court can ask for if required . You can not ask for its copy from any source be it RTI or like.

3) it is better you concentrate on fighting case before trial court than going for quashing 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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