(Guest)

498a case closed by women cell

My wife filed dowry and 498A case against me and my parents. Women cell ASI called us to Delhi from where she filed case and we went there to meet them.

After an hour of hearing both of us, they were pretty sure that we havent comitted any crime and she is lying as she blatantly lied that we have illegal possesion of her jewellery and I showed letter from bank manager that she owns the locker and operates it and she has filed a complaint and got locker blocked due to dispute. We havent operated locker then. When she saw this, she started saying that we have taken the keys from her. I challenged her to prove and asked police to give search warrant of our house. She refused as she knew she has keys with her. ASI asked us to giver her Stridhan back and I agreed that she can come to bangalore and take all stuff back.

She has taken all jewellery back and has written in closing statement that no incident happened with her in Delhi and if needed she will file a complaint in bangalore. Women cell has filed closure report mentioning the same.

So I believe 498A is closed. Can we use this to prove a bit of our innocence with other proofs in DV case?

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8 Replies

Raveena Kataria (Advocate ) 11 July 2017

In my assumption, yes, this can be used to discredit your wife's case in terms of other accusations made by her against you. The court shall note her tendency of making false accusations if you include this incident in your statements along with the necessary documents (eg. closure report by women cell) as proof/list of witnesses to testify.

1 Like

(Guest)

Awesomeness.

I have the cloure report which we got via RTI. Actually I am more concerned about my kids and parents as she hasnt allowed my parents to speak to kid for an year now.

I have enough proofs to nail her in court the same way I nailed her in women cell.

Thanks for your response

1 Like

Ms.Usha Kapoor (CEO) 11 July 2017

Yes! You can prve your innoocence by producing th e closure report of 498 A by women's cell of Delhi in the DV case.It proves her lying nature ands filing false and fabricated cases on her part against you.

1 Like

(Guest)

Thank you Mam.

Appreciate all help from experts.

Kumar Doab (FIN) 11 July 2017

Put the findings to best use.

(Guest)

Today we received call from Bangalore police and my wife has filed same case in Bangalore now.

I have asked my parents to go with Delhi police closure report and proofs that she has taken all her Stridhan already and given a statement. So why is she doing all this now.

Can we file a complain of perjury if we can manage to get report from police that she is on a false case filing spree

Imani Barton 17 October 2017

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Nitish Banka (lawyer) 31 March 2018

Quash 498a -Vague allegations in Fir

Posted by: Nitish Banka Categories: Uncategorized

3 Comments

Quash 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.

Image result for 498a quash

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in