False 498a
3 years ago
My Wife has recently filed a false 498a FIR against me and my parents(they are residing at my native and not staying with us) stating that we have asked for 30L and a car for dowry which is absolutely false. We never ever asked even for a single penny before or after the marriage instead I had given her 5L rupees recently as she was threatening me that if I do not give her the amount she will file a false dowry case (which she anyway did). I had to give the amount out of fear.
My questions are:
1. How can I get the FIR quashed in the high court and what are the grounds on which it can be quashed?
2. What all evidences do I need to submit which would help me in getting the FIR quashed?
3. How much time will it take to get the FIR quashed?
There were monetary transactions between my wife and I before and after the marriage but they were totally for the marriage and household expenses. Will this go against me during the trial, in case the FIR is not quashed.
Please advise.
Suneel Moudgil
Responded 3 years ago
3. quash petition is disposed within 2-3 months, however, the outcome, allowed or rejected, depends upon the merit of the petition,
Mohammad Shadan
Responded 3 years ago
Firstly, As you stated above that the allegations which she levelled against you and your parents are false and fabricated... it was actually cooked up by your wife. Do you have any evidence for collaborating your defence or evidence to prove that it was false?? ...and if yes ..than its right for opting Quashing of FIR before the High Court .
As i am telling you the actual positions of the court that the courts are always lenient towards the women and their rights .... Even if she had filed a Dowry case against you ..than you have to prove it in the trial ....and quashing of FIR is wastage of your precious time and money both ...you should have defend the case at the district court level .
First Get the anticipatory Bail from the court and than proceeded with the other cases.
NITHYANANDAN SUNDARESAN
Responded 3 years ago
Rameshwar Dadhe
Responded 3 years ago
my answers are as follows
1. How can I get the FIR quashed in the high court and what are the grounds on which it can be quashed?
Ans; you may file 482 application and your advocate find out the grounds.
2. What all evidences do I need to submit which would help me in getting the FIR quashed?
Ans;you need to file affidavit and contra document to establish the allegations are not true
3. How much time will it take to get the FIR quashed?
Ans;it may take 12 to 24 months.
Please give me RANK FIVE (5) if my answer satisfies you.
Gurpreet Singh
Responded 3 years ago
Tishaa Maheshwari
Responded 3 years ago
The misuse of Sec 498a is rampant in the society. The Courts are also aware of the prejudice caused to innocent people because of the misuse of this section.
A complaint under 498a cannot be retracted by the Petitioner except when there is a settlement or reconciliation happening.
You can get the FIR quashed under Sec 482 of Criminal Procedure Code. However, the courts are not always ready to allow such quashing unless you have substantial proof of false allegations made by your wife.
In case the case has already been filed, the first step to getting relief in this situation would be to ensure you file for anticipatory bail for yourself and the family members named by your wife. This will ensure that atleast none of you get jailed. Also there will be pressure on you to make the settlement. If you wish to make such settlement, you may do so. If you withstand the pressure, you are now eligible for Divorce on the grounds of cruelty.
Hope this helps.
Stay strong.
Geeta Singh
Responded 3 years ago
2. About evidences I can told you after knowing all details of case as FIR details.
3. In FIR quashing on basis of compromise it will take less time otherwise it depends upon facts of case.
About monetary transactions you have to prove in court that these are only for household activities.
376 2(n) service report of notice
About marriage case
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
Threating and Blackmailing
JASVEER Singh
