498A case Can this case be dismissed : Follow up of question
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 ? FIR is not filed under 164 crpc but it was filed under 156 (3) crpc . Please advise.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
This is not a valid 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.
Sidhaarth
Responded 2 years ago
Lucem Leg
Responded 2 years ago
A.Dear Sir,
When the police officials record the statement under section 164 cr.p.c. of the victim they sign the document to give authentication. Since statement was made by the person (Wife) and recorded by the police officer so that is why the word "I" is mentioned. The FIR cannot be invalid just because the signatures are not there. Once the FIR is lodged it cannot be cancelled until and unless the High Court quashes it. There are other points which can be used to get the FIR cancelled. Merely saying that case filed by wife is false is not enough and you have to prove the same.
Kindly rate the response.
Your point for the said dismissal seems a bit invalid .
There are other grounds, which can be utlised on your side. Any petition they are filing you have a right to reply against the same.
Contact an advocate who deals with such matters.
Thank you
The police officer recorded the statement given by your wife, so after recording the statement police official had signed the same. The statement was given by your wife, hence the statement was made mentioning the party as "I", which is completely normal.
No, the case is not invalid neither be dismissed based on the fact mentioned by you.
You have to have proper evidence which can prove your innocence.
Thank You.
Viswanath M K
Responded 2 years ago
I want to file case against my boyfriend
Free lawyer for fight the case
376 2(n) service report of notice
About marriage case
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
