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deepu (Engineer)     16 December 2014

Doubts regarding 498a

Respected lawyers my name is Deepu and was married in January 2014 and due to some personal issues our relationship didnt last long. My wife went to her home in June 2014 and filed 498a against me, my brother and my parents. We got the anticipatory bail and a policeman came to our house and took the statements. After the enquiry he came to know that it was a false case and he removed the names of my brother and my parents from the charge sheet and sent the report to the superior officer and the superior officer approved his findings and send the charge sheet to the court. Last day the police man called me and said that only i will get the summons from the court as my parents and brother is already removed from the charge sheet. My doubts are

Does the police has the power to remove my parents and brother from this case ? .  Is what he saying true ? ( he has not demanded any money from us ).  Does that means my parents and brother is completely free from the 498a case ?.

Can my wife file another 498a case in any other court or police station ?

If what the policeman saying is true then can my parents and brother file compensation case against my wife ?

 

Please reply.



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 2 Replies

Arpan Vasudev (specialist)     16 December 2014

As per my knowledge 498a can only be filed once..so your wife cannot file another 498a

Jai Karan Nagwan (consultant)     16 December 2014

Keeping in view the minimal sentence and false complaints in 498a cases, SC took cognizance of the facts that 498a is being misused as such ordered to all police stations to arrest delinquents after preliminary enquiry. Same happened in your case. Hence prosecution shall be launched against you only.

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