Safeguard against false case by wife and in laws

Dear Client,
Indian society has traditionally been patriarchal, where men hold more power and authority than women. This power imbalance has led to women being marginalized and deprived of their rights, making them more vulnerable to abuse and violence. However, over the years, there has been a growing awareness of the need to protect women's rights and ensure their safety, leading to the enactment of various laws aimed for this purpose. So, it has now become a cumbersome and tiresome exercise to prove any complaint of harassment against women who are now well-protected by the laws of the land. Any settlement or MOU between the parties shall not work or be entertained once a complaint of domestic violence is made, even if it is falsely lodged by your wife or her family under Section 12 of the PWDV Act, 2005 at the local police station or the Court of Magistrate under Section 12(1) of the Act. However, to address a false complaint or false criminal proceedings even if filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS). The Sec.482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that complaint before the Police or the trial Court against a person. It is essential to prove to the court that the complaint or criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for the quashing of an FIR or criminal proceedings 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 or criminal proceedings. So, in case the situation so warrants, hire an experienced Advocate to navigate the issue in the right way.