Wife has filed false case against me & my parents for domestic violence. What can I do?
2 years ago
Wife has filed false case against me & my parents for domestic violence. What can I do?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
But high court kisi bhi proceedings ko nairast karne ke liye uske samne strong evidence honi chahiye. Varna high court ye kahte hue order pass kar sakta hai ki aap lower court ke samne apna paksh rakhe.
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It is common. Just approach the High Court for quashing.
Section 482 in The Code Of Criminal Procedure, 1973
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife under S 153(4) CrPC. Meanwhile you can also apply for an anticipatory bail.
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A.Hi,
You can get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.
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