Section 498a and 417


sir, I would like inform you that my wife has filed wrong 498a case on me and which i got station bail for me and my relatives. We got married on Jan 2015.For which iam having proofs for proving wrong and also she agreed over phone that i didn't harass her physically or mentally. Her intention is that my parents should not live with me and iam only son to them. I told her several times and she is not understanding and her relative is DSP police and so she filed wrong case and treating me with police officials. As as far is i know through sources fir is filed and case is registered. Again now also police officials are calling for counseling and telling me i should listen to my wife words and should live separately from my old aged parents. My main concern is that iam having single kidney by birth however which is larger in size than normal kidney and condition is normal for which iam having medical fitness certificate also which i also told before marriage and she agreed. i don't any health issues and iam regular jogger and swimmer and we have child of 1 year old. i am non alcholic and donot have any bad habits.Using that, she filed case along with 498a telling that i cheated her, without telling iam having single kidney under ipc 417 for which don't proofs to show that i told her before marriage. Now the police officials are threatening me that , we can arrest you under ipc 417 if you don't listen to wife words.Can they arrest me under ipc 417 even though i have medical fitness certificate.
 
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Advocate

 

S 417 IPC independently is non-cognizable offence and the Police cannot take any action under this provision alone, however as S 498A IPC is cognizable offence Police can move ahead with both the provisions together and even arrest you.

You should seek anticipatory bail from the Session Court if FIR has been registered against you.

How far the charges of cheating u/s 417 IPC correct in your case it will be for the court to decide not the police, so just ignore to what they say, engage a lawyer to safeguard your interest, and move according to the law of the country not the dicts of corrupt police department.

 
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Sir,

My lawyer told me that station bail is sufficient and anticipatory bail is not required for my case. Is it ok. And i came to know charge sheet is filed in Oct 2017. Is it required to take anticipatory bail even after charge sheet is filed. Presently, we planning to apply for Highcourt for quash petition for removing my relatives names. Is it ok. What should be my further course of action. Please suggest.


 
 
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In addition, police officials again told me to meet next week along with my family. My lawyer told since charge sheet is already filed to no need to attend to the police counselling as they are harassing you and your family. Is it ok sir. For guidance please.

 
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Sir,

Forgot to tell thanks for your valuable reply sir.

 
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