498A
1 week ago
Dear Sir,
I want suggestions in 498a case filed against me and and my family. I have been married on dt 21.04.2022.
Wife has transferred 9.35 lac in my account on dt 20.01.2023 including 7lac she get in marriage in for of fixed deposit and 50000 in my account and 1 lac in my brother account in may 2023 for which we have purchased a flat or around 86 lac in my name and i had taken housing loan of 56 lac for the house.
On july we had a little fight and we have sort it out through family meeting.
Ion 09 august she had gone to her house in normal terms and on 17th sep i have asked her to come and shift her belongings in new flat and she had came with her brother and packed her item. And after that she had came on 21st sept on flat and she create a rampage there at that time my sister in law and her mother was there she falsely accused them that beaten her and medical report has been provided by her of simply injury.
After that she has file application in sp office for all this that we beat her, harress her for dowry and also she also said that we had beat her on 09.08.2023 also.
And then on 1 oct she came again with her brother at flat and tried to do the hungama again but this we has installed the camera on front door so she has to go.
After that I got a call from CAW cell for mediation which fails.
And then that complaint has turned to FIR and IO is supporting her and pressuring me to take her back which i denied and also she is threatening my brother that she will file another case in my brother.
Now they are asking 40lac for settlement which is also denied by me.
So now my point is that how i tackle these allegations as money was for purchasing house i haven't pressured her for the same.
Even though there is no specific statute or provision in the Indian legal system that lists down protective measures against any false allegation or complaint, various relevant sections of the Indian Penal Code, Criminal Procedure Code, Civil Procedure Code, and Indian Evidence Act can be used parallelly to obtain relief or initiate legal proceedings against frivolous allegations and complaints made under Dometic Violence Act and Sec.498A of IPC. Amongst others, inter alia, the first step that the victim of a false allegation should take is to seek anticipatory bail from the nearest court having jurisdiction to grant anticipatory bail in case a First Information Report (FIR) is filed against him/her to get protection from arrest based on a fabricated allegation. Anticipatory bail can be granted before an arrest is made under Section 438 of Cr. PC. To address a false complaint initiated under Sec.498a IPC against you, you can seek its quashing through a petition before the High Court under Section 482 of the Criminal Procedure Code, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged maliciously to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. In the landmark judgment passed in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court of India addressed concerns regarding the misuse of Section 498A IPC. The court acknowledged that innocent family members were often being roped into cases without any concrete evidence. The court emphasized the need for the police to conduct a thorough investigation before making arrests, to avoid unnecessary harassment of the accused. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
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
