• Strategy for fighting False 498A & DV

Sir,
Wife called police on false pretext on 10th March to intimidate us. I filed a police complaint on 11th March for intimidation, On 30th April, I filed Judicial separation on grounds of cruelty. On 27th May, my mother sent wife an eviction notice. On 2nd June, wife filed 498A and FIR was registered immediately. On 8th June, wife filed DV. On 8th July, I filed complaint with SSP along with evidences of false dowry charges. We have call recordings that prove we never demanded dowry. 498A is in mediation where wife says she wants to stay. I will eventually deny. I intend to prosecute wife and family in IPC 209/211. Since the 498A and DV are also filed against my mother and sister I intend to file counter cases in my mother's name. I have researched and found the following options:

1.	File CrPC 313 in DV petition and convince the court to quash the petition before trial and then prosecute the complainants u/s IPC 209, defamation, Intimidation, extortion  u/s 200 CrPC
a.	Can a 313 be filed in a civil case?
b.	Can the court quash the petition for an individual who is not the prime accused?

2.	File CrPC 320 in DV petition and convince the court to permit the respondent mother to prosecute the complainants u/s 209
a.	Will the court permit to take this case up at this stage in a civil matter?

3.	File CrPC 200 and prosecute the complainants u/s IPC 211
a.	Can it be taken up u/s 200 CrPC when the investigation is not terminated and the legal proceedings have not been initiated?

4.	File CrPC 313 (1) (a) in criminal complaint and convince the court that the FIR registered against her is malicious and needs quashing
a.	Is CrPC 313 (1) (a) allowed at the stage of investigation?

5.	File contempt petition in the trial court for making false declarations of dowry harassment in pleadings and ask the trial court to refer the matter to the concerned High Court for initiating contempt proceedings in DV case

6.	File a petition u/s 482 CrPC for quashing of FIR. If the FIR is quashed then file IPC 211, defamation, Intimidation u/s 200 CrPC
a.	Can an individual who is not the prime accused file a quash petition only for him/her?
b.	Do I have credible grounds to get the FIR quashed against me?
c.	R C Chavan judgment says 482 should be invoked in rarest of rare cases and only after alternate remedies are exhausted. We have alternate remedies available in CrPC 313 and CrPC 320/340 which are not exhausted. Can we still expect the High Court to entertain 482?

Application under CrPC 156(3) for registration of complaint made on 8th July with SSP is already in process. I want to use 156(3) registration as base for filing CrPC 313/320 The next date of DV is 9th Aug and mediation is 1st August. Chargesheet in 498A is minimum 6 months away. Wife still staying with us.I have installed CCTV to protect ourselves.

Can we file application for both CrPC 313 and 320 simultaneously? We have credible evidences with us.
Asked 4 months ago in Family Law from NOIDA, Uttar Pradesh
Religion: Hindu
1. a. No
b. Quashing is rarely allowed and this is not fit for quashing.
2.a.No
b/No
3.a. No
b.nO
4.A. No
b,No
4.a.No
b. No
5. No.
6. Quashing is rarely allowed. I can not say the merit of the quashing without seeing the contents. If quashing is allowed then you can file damage suit.
No application u/s 313 or 320 lies in your case.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
You have confused and confounded your legal remedies because of research conducted despite lack of legal knowledge. From the facts narrated by you there does not seem to be any basis to file a case under 182 much less 211 IPC, so resist the temptation. If you have the required evidence to prove that you never demanded dowry then obtain anticipatory bail and then contest the case on merits. Once you prove your innocence you may then prosecute her for defamation.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
CrPC 313 does not even come into picture at this stage. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
you have to make application for discharge in DV case 

2) the provisions of Crriminal procedure code apply in DV case 

3?) for quashing of petition you have to move HC 

4) if petition is quashed then you cna file complaint of defamation against wife 

5) if you are acquitted in 498A case then you can file defamation case against wife .  you can also file a case against your wife under Sections 209 and 211 for falsely charging you and your family with such offences, with intent to injure you, and dishonestly making false claims in court.[She will then be punished with imprisonment or fine or both.

5) mother can also file DV case against daughter in law 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
a.	Can a 313 be filed in a civil case?

First of all understand what law says in section 313 cr.p.c., which is given below:

313. Power to examine the accused.
(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub- section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

This is a provision in law to examine accused after completion of trial in the criminal case against him or her.So this is not applicable to file a criminal case itself, so what is the reason that you want to invoke this provision in the civil case?  It is not applicable.






b.	Can the court quash the petition for an individual who is not the prime accused?

Quashing a case cannot be done by the trial court, the inherent powers for this powers are vested with the high court.  
The trial court can consider petition filed under section 239 cr.p.c.  for discharge.





2.	File CrPC 320 in DV petition and convince the court to permit the respondent mother to prosecute the complainants u/s 209
a.	Will the court permit to take this case up at this stage in a civil matter?

Where is the civl case here.  DV case is qusi civil but trial conducted in the criminal court only.  
The petition under section 320 cr.p.c. is not maintainable for the non-compoundable offences.  Simultaneously a petition under section 209 IPC also not maintainable at this stage or in this aspect. 
The provision of law in the referred section given below, please note that this can be applicable after the disposal of the criminal case in your favor, i.e., after dismissal and not acquittal.
209. Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.





3.	File CrPC 200 and prosecute the complainants u/s IPC 211
a.	Can it be taken up u/s 200 CrPC when the investigation is not terminated and the legal proceedings have not been initiated?

The provisions of section 211 given below:
211. False charge of offence made with intent to injure.—Whoev­er, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

This will be maintainable only after the trial in the criminal case is disposed and the criminal case is dismissed, so a private complaint under section 200 cr.p.c.  for invoking section 211 IPC is not maintainable at this stage. 








4.	File CrPC 313 (1) (a) in criminal complaint and convince the court that the FIR registered against her is malicious and needs quashing
a.	Is CrPC 313 (1) (a) allowed at the stage of investigation?

Please read the provisions of section 313 cr.p.c. again to understand the law.





5.	File contempt petition in the trial court for making false declarations of dowry harassment in pleadings and ask the trial court to refer the matter to the concerned High Court for initiating contempt proceedings in DV case

Contempt proceedings provisions are not applicable to this position.




6. 6.	File a petition u/s 482 CrPC for quashing of FIR. If the FIR is quashed then file IPC 211, defamation, Intimidation u/s 200 CrPC
a.	Can an individual who is not the prime accused file a quash petition only for him/her?

An accused in the criminal case can file a petition for quashing FIR before high court.




b.	Do I have credible grounds to get the FIR quashed against me?

Without knowing what is her complaint and what are the grounds you say it to be genuine, no idea can be formed about it.  You may discuss the feasibility with your advocate on this subject.  



c.	R C Chavan judgment says 482 should be invoked in rarest of rare cases and only after alternate remedies are exhausted. We have alternate remedies available in CrPC 313 and CrPC 320/340 which are not exhausted. Can we still expect the High Court to entertain 482?

The sections what you say are not alternate remedies.
In fact they are actions to be taken after the disposal of the case. 





Application under CrPC 156(3) for registration of complaint made on 8th July with SSP is already in process. I want to use 156(3) registration as base for filing CrPC 313/320 The next date of DV is 9th Aug and mediation is 1st August. Chargesheet in 498A is minimum 6 months away. Wife still staying with us.I have installed CCTV to protect ourselves.

Discuss with your lawyer at length on this.








Can we file application for both CrPC 313 and 320 simultaneously? We have credible evidences with us.

The referred sections of law are not applicable to your position, read the provisions once again properly.






T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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