• Perjury in 498A

On 10th March, my wife called police on false pretext. Police came but she refused to file complaint. On 11th March I filed a complaint of intimidation and defamation with the local police. On 30th April I filed for Judicial separation on grounds of cruelty. On 31st May, first hearing happened with both parties present. On 2nd June, my wife filed 498A against me. The FIR is registered u/s 323, 498A, 504 & 506.

In the complaint my wife has lied outrageously and created false incidences with the help of her father and brother. At the same time, it is quiet easy for me to prove them wrong with the help of a few phone call and voice recordings. I am determined to file perjury against them along with IPC 120B. 

I want to know the following:
1. How much time it would take to file chargesheet and trial to start?
2. I am sure they will object to voice recordings and ask it to be verified by FSL in an attempt to delay the case. How can I save time. Can I privately get the FSL done? If yes then how. What else should I do to protect my evidences.
3. What other things can I do to save the delays? 
4. Regarding bail, police will give me bail for IPC 323. In regard to 498A, I will take it through court at a later date if required. Is it compulsory for me to take bail from court?
5. Is it possible to them to take complaint back to avoid perjury? Can I file perjury against false FIR? 
6. Police informally says they will most likely file chargesheet u/s 323 and 498A since dowry evidences are not provided to them. They cannot prove dowry but I can prove dowry was not demanded through voice recordings.
Asked 2 years ago in Criminal Law from Noida, Uttar Pradesh
Religion: Hindu
1)police  are overloaded and it can take over 6 months for charge sheet to be filed 

2) you have to enclose transcripts of your voice recordings  to your complaint 

3) police will refer it to FSL to verify genuine ness of recordings 

4) it is in your interest to obtain AB from sessions court if false 498A case has been filed 

5) wait for your acquittal and then file case for perjury 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. No case for perjury is made out merely because your wife has filed the case on the basis of false allegations. So contest the case on merits and resist the temptation to file for perjury.

2. The chargesheet may take around 6 months and further few months for the trial to start.

3. Private FSL lab report will hold no value in the court,

4. To remedy delay you may seek appropriate orders from the HC.

5. If you do not take AB and rather go for regular bail you will suffer the ignominy of arrest and detention even if it is on paper.

6. Perjury, if applicable, can be filed even after she withdraws the complaint.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. It depends on police. Generally it is 2-6 months.
2. No private FSL report will do. Only the report by court appointed FSL would be considered.
3. Protest if unnecessary adjournments are allowed by court.
4. Yes
5.No perjury lies on the contents of FIR. Only the statments recorded in court or statments made on affidaivt is amenable to perjury.
6. Let the police do its job.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

Hi, You can file perjury case but i don't think it will help full to you, even tough you lodge a police complaint police may register the Complaint or may not so better file a private Complaint under section 200 Cr.P.C.before the Magistrate.

2. As the 498/a case has been already registered against you so you have to take either anticipatory bail or regular bail in the Court.

3. It is my opinion that you have to file petition in the High Court for quashing the FIR so you have good case to quash the proceedings.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1.  Generally the police are allowed 90 days time to file charge sheet depending on the nature of offence, but practically it takes more than that.

2.  The purported voice call recordings may have to be filed during your evidence only and it has to be provided in the original format, despite that it can be turned away by court if the opposition objects it quoting it is genuine, then you can rope in expert's opinion by filing an application before court then and not before that.

3.  This is a matter of trial, you should think about it at that time and not before happening of an event.

4.  You cannot take bail splitting the charges, if you have to take bail then it would be for all the charges together and not one by one.  Dont take law for granted.

5.  You cannot.  It is a complaint before police and the state will be prosecuting the case and not she.  Her allegations are to be proved as false for initiating any action against her 

6.  Let the police first file the charge sheet and you can come to know what all charges have been included in it before that dont jump into any conclusion.
T Kalaiselvan
Advocate, Vellore
35867 Answers
390 Consultations

5.0 on 5.0

Ask a Lawyer

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