498A case Can this case be dismissed on the below criteria 498A case Can this case be dismissed on the below criteria

2 years ago

Hi Sir,
My wife has put 498A false case against me 3 years back. Now since police has removed my parents, they went for protest petition.
I got certified copies recently and i could see in FIR all pages it is addressed as 'I' by my wife and it was finally signed by police and not by my wife. The same is valid for her father, her witnesses, it starts the address with "I" but ends in police sign and could not find their sign. So i feel the 498|A case will be made invalid as the respected signatures are not there in the FIR but only police signature from Women's police station. Can this case be dismissed on the above criteria ? Please advise.

Advocate Simi Paul

Responded 2 years ago

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A.Dear client,

It is absolutely Normal to use 'i' When somebody has recorded something before the authority by themselves. Moreover, it is recorded under 164crpc before the police officer. I don't see this as a valid reason for dismissal of 498 A. Rather, you consult and advocate and find other grounds in your defense.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hello
The ground you have provided doesn't seems a valid ground to State that case filed by your wife against you is false. In order to prove this you'll need strong evidence which shows that the case filed by your wife is completely frivolous. Otherwise you'll have to fight the case.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Sir
This is no ground to call the case of 498A invalid. You have to find much stronger ground to file a petition under section 482 of CrPC to qaush the criminal proceedings against you in the case of 498A. You'll have to first gather evidence that states that the case filed by your wife is false.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.Since police official recorded the statement under section 164 cr.p.c. so after recording of statement police official had signed the same. Since statement was of person so word "I" is mentioned. Nothing wrong. Your point is baseless and it cannot be basis of dismissal of case. There are other points which can be used to get benefit. Merely saying that case filed by wife is false is not enough and you have to prove the same false.
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