Nitish Banka

    • 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 discharge 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.