Misuse of 498 Misuse of 498

5 years ago

Dear Sir,
My wife left my home after 15 years of love cum arrange marriage in April 2016 earlier than that in 2015 she started making fake police complaints against me which she withdrew till 2016.
After 2016 we are in litigations as Divorce, Maintenance, Civil, and 498 made by her against me and sec 9, custody of children, 1 criminal complaint case of hacking password are filed by me against my wife.
Presently in section 498, charge sheet filed by the I.O. and the date is 16 July.
IO made parties as me, my mother, and two elder sisters.
My mother resided with us in the initial years of marriage around 5-6 years. Then we got separated from parents and one younger brother and living in our nuclear family.
My both sisters are living separated earlier than our marriage with their in laws.
Cocerned IO harassed us by filing false status at the time, when earlier we filed bail in the court "that we have not joined the inquiry".
Court granted 5 Days notice to us in case of arrest and bound the police by the same.
I made written complaint against the IO to DCP, thereafter IO never used to misbehave with me.
By knowing the above facts, IO still filed the charge sheet in Ho'nble court by making me, my mother, and my two sisters as accused people in pressure of my wife.
Please advice.
1. Do all of us have to appear in Hon'ble court on 1st date i.e.on 16th July.
2. Is that complaint against the IO I made, have some value.
3. My wife in HMA petition given a new CAW complaint in which she mentioned to ACP CAW that she withdrawn her earlier complaint due to technical error (on which the present charge sheet filed ) but still IO filed the charge sheet against us on the earlier CAW complaint only.
4. My wife 1st filed CAW complaint only against me in 2015 which was withdrawn in 2015.
ii) Then 2016 July, another CAW filed in which my mother and sisters name added, on which FIR registered and presently charge sheet filed.
iii) Then in HMA petition in NOvember 2016 she attached 3rd CAW fresh complaint as mentioned above that she withdrawn her July 16 CAW complaint as some technical defects where there.
Please confirm the validity of the CAW complaints and the role of taking it by police and remedy available for us.

niranjan C

Responded 5 years ago

A.1. Pls hire a lawyer to get the copies of the charge sheet to clear all your doubts.

2. You may discuss with me the case details.
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Anonymous

Replied 5 years ago

Thanks a lot for your valuable advice.

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GANESH SHARMA

Responded 5 years ago

A.File a petition under section 482 of Crpc for quashing the FIR in High Court
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Anonymous

Replied 5 years ago

Thanks a lot for your valuable advice.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Challenge before HC.
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Anonymous

Replied 5 years ago

Thanks a lot for your valuable advice.

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Ambrose Leo

Responded 5 years ago

A.Your is a Complicated multiplicity serious case, you have to fallow the court orders to avoid penal action as per the on going investigation/enquiry any laxity on your part or on the part of complainants will have far reaching effect and consequences. In order to duly protect your self & family from the severe legal complications better to consult a High Court Lawyer of your jurisdiction from the panel of Vidhikarya to protect you & your family safety & well being.
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Anonymous

Replied 5 years ago

Thanks a lot for your valuable advice.

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Ambrose Leo

Replied 5 years ago

OK. It is of help to you.

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Vijay

Responded 5 years ago

A.Whatever the reason for filing charge sheet by IO against your entire family members. Since charge sheet has been filed after investigation. So you should avail legal recourse by filing discharge petition befgore the court of law apart from the action is being taken against IO.
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Anonymous

Replied 5 years ago

Thanks a lot for your valuable advice.

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Nirmal Chopra

Responded 5 years ago

A.CAW complaints have value to the extent that when new facts are added in the later complaint, it raises a doubt regarding genuineness of the newly introduced facts.court can look into this aspect.u can go for quashing before high court.contact a experienced Vidhikarya advocate for further services.
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Anonymous

Replied 5 years ago

Sir,
Thanks a lot for your valuable advice.

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