How to Fight False 498a-Get out of it Fast
How to Fight False 498a-A complete Guide
498a is filed by wife just to harass you.
My Supreme Court quashing experience
The greatest harassment for the Husband and his family starts as soon as 498A charge sheet is filed. You can also go for quashing of charge sheet and also get stay on trial..
Here you will save harassment while your case is getting decided..
At Bombay High Court in one of my matters wife was not appearing to contest quashing petition in High Court. The Hon’ble High Court stayed the entire proceedings.. Now Husband and family members need not to attend the court..
False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a
These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.
Here are the reasons wife has filed false 498a cases on your family.
1.Money
Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.
2.You refused to give her divorce
If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.
3. Pressure from her relatives
Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.
4. She has an affair
if wife having an affair somewhere else and you got to know then also wife can put these false cases for only reason called harassment so that you may not be able prosecute her for adultery.
What happens in false 498a cases
Police calls in false 498a cases
You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.
The Io asks you to visit police station so called CAW cell.
When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.
Then again you receive the call from the CAW cell to come and join then again then again….
Reasons for harrasment
These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…
The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.
How to deal with police harassment.
As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.
Anticipatory bail in 498a
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The process of getting Anticipatory Bail in 498a
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
chances of getting anticipatory bail
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
Judgement on 41A by Delhi High Court
(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…
Dismissal of false 498a cases(Quashing)
Quash false -Vague allegations in Fir
Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
HOW MUCH TIME IT TAKES FOR QUASHING FALSE 498A FIR/CHARGESHEET
High court will first issue a notice on your petition and then the other party will get an opportunity to Reply and you will get an opportunity to file rejoinder after which only final arguments will take place. It can take around 1 -2 Years to get the FIR/Chargesheet Quashed.
Stages of 498a
Chargesheet Stage in 498a and Framing of charge as well as Discharge.
After completion of investigation police will file charge sheet at this stage evidence of the police has to be seen. If there is no evidence or contradictory evidence then you can seek discharge.
Argument on discharge is an important stage in fighting false 498a.
If there is no statements of witnesses or no medical evidence then you may argue on discharge.
Prosecution Evidence and Defence Evidence as well as Cross examination
Evidence-based prosecution’ (sometimes termed “victimless prosecution”) refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim. It is widely practiced within the American legal system by specialized prosecutors and state’s attorneys and relies on utilizing a variety of evidence to prove the guilt of an abuser with limited or adverse participation by the abuser’s victim, or even no participation at all.
Cross-examination of a person called to produce a document (S. 139):
A person summoned to produce a document does not become a witness, by the mere fact that he produces it, and cannot be cross-examined, unless and until he is called as a witness.
A witness summoned merely to produce a document does not become a witness for purposes of cross-examination, since he may either attend the Court personally or may even depute any person to produce the document in Court.
A witness may be cross-examined as to previous statements made by him in writing (or reduced into writing), and relevant to matters in question, without such writing being shown to him, or being proved. However, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
Final Arguments and Judgement Stage
concluding statement of each party’s counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior.[1] However, such objections, when made, can prove critical later in order to preserve appellate issues.
What can I do against wife after I get acquittal in false 498a case?झूठे 498a मामले में बरी होने के बाद मैं पत्नी के खिलाफ क्या कर सकता हूं?
Whenever a false case is filed against the husband and his family members. All the family members and the husband suffer for many Years in litigating in courts which only brings harrasment to the husband and the family members.
What is the solution after getting Acquittal or discharge in false 498a case?
If the case ends up in either bdischarge or acquittal in false 498a. What the husband family can do against wife/complainant this comes into mind in every harassed family.
Here comes two sections of the IPC to help you, one is IPC 182 and 211 IPC.
Sec. 182 prescribes a punishment for six months and fine in case any person gives false information to a public servant, on the basis of which the public servant takes certain action which he might not have taken if he had known the true state of facts. On the other hand, u/s 211, there is an ono use of the term ‘public servant’. As per this provision, any person who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is liable to face imprisonment for a period which may extend to two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of 7 years.
Procedure for initiating Criminal Action?
In the cases of 182 IPC in which the false information is given to police. Then in that case that police office can write a complaint and forward it to concerned senior officer. Who than forward a formal complaint to the court which than initiate proceedings under 182 IPC
In the cases of 211 wherein the case is already pending against the accused person in court. Than in that case the court in which trial was running A application under section 340 CrPC is filed and then court initiates further action under 211 IPC.
Conclusion
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.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
