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.
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.
Thank you
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.
Thank you
Helpful
Helpful
Share
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.
Thanks.
Please rate if you find this advice helpful.
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.
Thanks.
Please rate if you find this advice helpful.
Helpful
Helpful
Share
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.
Thanks
Please rate if you find this advice helpful.
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.
Thanks
Please rate if you find this advice helpful.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location