Wife put false dowry and domestic violence case

Dear Client,
You cannot prevent anybody from making a false complaint or allegation against you. However, to address or resolve a false complaint or false allegation under the Dowry Prohibition Act, 1961 or the Domestic Violence Act, 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 Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated based on that false complaint before the trial Court against a person. It is essential to prove before 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 false complaints 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, if initiated by the trial court based on a false complaint. So, in the given scenario, it is recommended to consult with an experienced Advocate practicing criminal cases for tailored advice to navigate the issue in the right way.