498A case - case can be dismissed in the court
2 years ago
Hi Team,
Just wanted to know, if the 498A case can be dismissed in the court, before all the procedures like cross examination and other things, at the petition stage itself. My wife has filed all false cases including 498A.
1) The petition filed by her in the court differs in multiple points as with the police complaint addressed to superintendent of police (eg:
30 lakhs additional dowry in the court petition, 35 lakhs in police complaint, likewise we have 11 differences in both the copies )
2. Dowry taken is shown as 23 lakhs in cash, but at the time of my marriage , Modi Govt. has banned old notes 1000 and 500 in denomination, and it was impossible to get 23 lakhs at that time, like wise highlighted many differences.
3. We have also highlighted and disapproved the base points on which the court allowed the protest petition with all evidences. Also the affidavit she provided is on plain paper without judicial stamp paper and not notarized which is invalid again, but the court without looking allowed protest petition, which we have highlighed.
4. CD conversation between my parents and her father, where he says that give us 10 to 15 lakhs or else we will file cases against you. submitted the same as well.
So with the very strong IA's (Interlocutory Applications) , still the court moves forward or it can dismiss the 498A case.
The most unfortunate thing is in all the courts most of the judges are not looking and studying the petitions properly.(this includes high court as well).
Thanks in Advance
Please be informed that no criminal case can be dismissed summerly when trial is started . Most of the witnesses are to be examined by the prosecution. Your advocate must cross examine the witnesses and destroy the prosecution case then you will be acquitted.
In the cases of 182 IPC in which the false information is given to police. In that case that police office can write a complaint and forward it to the concerned senior officer who then will forward a formal complaint to the court which initiate proceedings under 182 IPC. In the cases of 211 IPC wherein the case is already pending against the accused person in court. Then in that case the court in which trial was running, an application under section 340 CrPC is filed and then court initiates further action under 211 IPC. Initiating proceedings under 211 IPC and 182 IPC will put pressure on the other side and will help in fighting and solving matrimonial issues by way of informal settlement.
The case of 498a can be quashed when there are vague the allegations in the FIR.
Hope this clarifies your query and requirement.
Thank you.
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