Ajit Chand (Consultant) 24 January 2012

498a by sister in law

Hi All,

My sister-in-law filed 498A against my brother and she included my parents, my elder sister, me and my wife in May 2011.They are in Hyderabad and for the past 3 years we are in Chennai.My brother was arrested and released on bail within a Week. Since we are in chennai, no one came to us and we got the Anticipatory bail processed and completed the formalities. The police are yet to submit the chargesheet.
On the first hand the case itself is a wrong one and was filed to get a lumpsum money from my brother.What kind of action we can take against her for filing a false criminal case against us since we are away from them for the last three years?

Rgds,
Ajit

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 January 2012

Dear Querist,

My heart goes out to you and all people who've been made to suffer at the hands of this abuse of the process of law at the hands of unscruplous women. The best thing in these circumstances would be to go in for quashing of the FIR u/s 482 of the CrPC - the basic premise of quashing is that when a case does not disclose commission of any offence or is filed to settle scores and is prima facie false and unbelievable the court would strike it off the record. After the same is done you can always move the court u/s 182/211 Indian Penal Code against your sister in law for false implication and also a suit for damages for malicious prosecution. But the same can be done after you are out with this case - either by way of quashing/discharge of acquittal.

Ajit Chand (Consultant) 25 January 2012

Hi Bharat,

Thanks for the reply. This was already filed by the lawyer in Hyderabad.But it seems it will take a lot of time for our names to be quashed. If the police submit the chargesheet and the case comes to court, do we need to attend the court for trials? I am accused no 5 and my wife 6. we are in Chennai, TN and the case is in Hyderabad, AP. I am worried about the travelling and my kids schooling.

Is there anyway to get out of this? We are very worried.

Regards,

Ajit

harassed husband (def) 25 January 2012

Dear Bharat,

Wife files 498a for which husband prays at HC for quashing proceedings. Meanwhile wife files for divorce as well.HC rejects the pray & refer the matter back to trial court.

Husband moves SLP against the impugned order, but SLP gets dismissed.Simultaneously the relief provided by HC ( Bail on same day) also gets exhausted during the SLP proceedings.

Now husband has any remedy available?Can husband apply in SC for time extension Or surrender at trial is only option available?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 January 2012

First work on getting acquittal/ discharge only then think of any counter-actions.

It should not be - "my house is on fire and I am going hunting"

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

harassed husband (def) 25 January 2012

Shonee Boss!

Once the relief by HC exhausts, and then accused surrenders in Trial court...then will his bail application be considered under the Amravati/Kamlendra????Or now there is only regular bail for him....