False 498a
rakesh
(Querist) 22 August 2014
This query is : Resolved
Hi sir my brother's wife has filed a fake 498a case against my brother, me and our parents. We took the anticipatory bail. In that complaint its said that i beat her on May 21st asking dowry and on May 30 i and my brother scolded her and also beaten her asking for dowry. But the truth is that i was staying in Nepal at that time. I went to Npeal on May 02 and came back on June 04. So now my advocate is saying that i can apply in High court for quashing the case against me and also can file a compensation case against her as i was staying abroad in those days they says that i beat her. The problem is that i went to Nepal for religious purpose for visiting temples and doing some rituals so i told everyone that i am going to delhi. When the police made the inquiry our neighbors told them that i was in delhi on those days. So in the FIR they have written that i was in Delhi when the incident happened. I have air tickets booked from Chennai to Kathmandu, return ticket from Kathmandu to Chennai and also my bank statement showing that i withdrew money from ATM's in Nepal during that particular period. Is these proofs enough to prove that i was in Nepal when the incident happened and also will the statement in the FIR saying that i was in Delhi affect this ?
Thanks and waiting for the reply.
Devajyoti Barman
(Expert) 23 August 2014
Produce those proofs in court. Looks like you have good case for quashing.
rakesh
(Querist) 23 August 2014
Thanks sir for the reply. My doubt is that in the FIR its written that i was in Delhi when the incident happened but actually i was in Nepal and i have proofs of that. So will this difference in FIR and the proof i am going to produce cause any problems ?
ajay sethi
(Expert) 23 August 2014
no it wont cause problems . no such statement made by you that you were in delhi . police should have verified facts . you have good case on merits . go for quashing under section 482
Rajendra K Goyal
(Expert) 23 August 2014
You should proceed for quashing of the FIR. You have a good case.
rakesh
(Querist) 23 August 2014
Thanks all for the reply. How long will it take for quashing ? Is my presence required because i am going abroad next week and will be back only after 1 year. Also can i file a case against them asking for compensation if the case against me gets quashed.
V R SHROFF
(Expert) 23 August 2014
yes, move high court to quash u/s 482 cr p c
Dr J C Vashista
(Expert) 23 August 2014
I fully agree with the experts, you have bright chance of getting the FIR quashed by the High Court, if you can prove that you were out of Delhi on particular date.
Shonee Kapoor
(Expert) 23 August 2014
I doubt that the same is good for quashing. The alibi is a matter of evidence, also going to Kathmandu does not entail any VISA stamping on the Passport to make the passport as a documentary proof beyond reproach. It is also not digestable that a person was on religious trip for TWO YEARS and ONE MONTH. Though the fact can be what you stated, the similar possibility is that you may have travelled to Nepal at various times. If you take such an alibi and there is just one single transaction from any city in India during that period, you would be doomed.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 23 August 2014
Besides, why would a person admit lying to his neighbours?
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
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If you don't fight for what you want, don't cry for what you LOST.
rakesh
(Querist) 24 August 2014
@Shonee Kapoor.. sir u misunderstood my statement. I am from chennai and i went to Nepal on 02 May 2014 and came back to chennai on 04 June 2014. I was in Nepal only for 1 month. I went there for religious purpose and for doing some religious rituals. So i told my neighbors that i was going to delhi. So when the police inquired they told them that i was in delhi when the incident happened. The police didnt took my statement yet. As proof i have air ticket from chennai to kathmandu and also return ticket. I also have the bank statement showing that i withdrew money from ATM's in Nepal during that time. SO will these proofs be enough ?
Devajyoti Barman
(Expert) 24 August 2014
you are advised enough, now stop repetition.
T. Kalaiselvan, Advocate
(Expert) 27 August 2014
If you are confident that you have substantial proof to prove that you were not at all in the scene of incident on the cited dates, go ahead challenging the case in the trial court instead of wasting time for quashing the case. This evidence once secured, cannot be changed or altered, so better challenge the case during trial.
