False case of 498a/323/504/506
Shiven
(Querist) 03 March 2015
This query is : Resolved
My wife filed dowry case under IPC 498a/323/504/506.
BackGround-
1. Married on jan 2013 according to hindu law in state of Utter Pradesh, we separated from july 2013. she staying with her parents.
2.We got to know about her premarriage affair which was continue after marriage. I filed a application in district court mediation center in April,2014.
3.In mediation They are asked a very huge amount and on not paying this threatened for many false dowry cases , I refused to pay and inform local police body(SSP) about it.
4.she filed false dowry case under IPC 498a/323/504/506 in NOV,2014. 10 days before the last meeting of mediation center(mediation was running). In FIR she claimed very huge dowry and other marriage expenses.
5. After 10 days of filing case (In last meeting of mediation) she attended mediation and request for canceling mediation, it canceled and next day filed another false case under 323/504/506(claimed I beat her and her mother in court premises).
6. Now in March 2015, 498A application come in mediation center again.
Seeking Suggestion-
1.How to prepare myself to fight against their unwanted demands and save my family (because in FIR my all family members my parents sister and brother in law) from this trouble.
Should I file any counter cases. I am working on different city so it will be difficult for me to attend dates frequently.
2. what approach should take in mediation center.
3. For 323/504/506 case what approach should take. I should go for FR or wait to submit chargsheet. IO is also accepted that this is a false complaint.
Devajyoti Barman
(Expert) 03 March 2015
1. there is no special means to counter such exorbitant means except to become resolute in your own set of terms.
2. Amicable settlement which is conducive to both of you.
3. Take bail and then fight on merit unless you seal the deal.
Shiven
(Querist) 03 March 2015
I have tried for all way for settlement. I have also tried with some social people but family is very greedy I am not able to complete their demands
P. Venu
(Expert) 04 March 2015
If you are innocent of the offences alleged, face the charges on merit.
Rajendra K Goyal
(Expert) 04 March 2015
Either go for amicable settlement or proceed with the case on merits. You may be exempted to attend the court on emergent grounds, permanent exemption would be granted is doubtful. Defense can be prepared on the basis of case.
R.K Nanda
(Expert) 04 March 2015
agree with experts.
Nadeem Qureshi
(Expert) 04 March 2015
Contact a lawyer personally with all the documents and fight the case on merit.
Shiven
(Querist) 04 March 2015
Thanks a lot to all of you.
I am worried about new false cases as they have framed one earlier during previous mediation (323 on court premises).
They are currently threatening us for new false cases.their approach to fighting is that do multiple cases against me and due to this there will be a danger on my job. That's why I will accept their demands they are thinking like this.
What could I do to save me and family for these false tactics.
2. In 498A FIR they claimed very huge amount aprox 40 lac in dowry and marriage expenses. Can I file TEP against them (right now) or I should wait ?
Guest
(Expert) 04 March 2015
Amicable setlement only can help save your family. Otherwise the bridegroom's family is ruined beyond recovery in 498a case.
Shiven
(Querist) 04 March 2015
Thanks.. but I have tried every possible way for a fair settlement, I was trying it form past 2 years but I analyzed it is not possible now.
I believe it is not a right attitude in life to be bend against wrong things.
Guest
(Expert) 04 March 2015
In that case, you have no option except to fight your case with full vigour with whatever result you get.
R.K Nanda
(Expert) 04 March 2015
ur welcome on LCI.
Shiven
(Querist) 05 March 2015
Thank you !!
any suggestion on below TEP query
In 498A FIR they claimed very huge amount aprox 40 lac in dowry and marriage expenses. Can I file TEP against them (right now) or I should wait ?
T. Kalaiselvan, Advocate 
(Expert) 07 March 2015
First of all wait for the trial to commence, during cross examination you can drill the opposite part for the source of income including TEP, upon developments, you can proceed with more legal actions. Let them any number of cases, you may challenge all of them fittingly.
