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Sonu (Software Engineer)     24 December 2013

Wife filed false 498a, husband filed false murder attempt

Dear Lawyers and experts, please give your valuable views/answers for the below case.


Wife moved to her parents home and filed FALSE 498A. Husband was in jail for few days and came out on bail.

Some how Husband managed to go to in-laws house to talk and after talking with them for some time, husband took a knife and injured himself.

Husband comes out of in-laws house with blood stains on his body and files a FALSE attemptive murder case on his wife and in-laws.

Question# 1: Does police arrest wife and in-laws without any inquiry since attemptive murder comes under Cognizable case?

Question# 2: I understand that giving false information to police leads to another case but just want to know what other consequenses husband can face?


Thanks in advance for your responses.



Learning

 5 Replies

Ramana Rao Mallampalli (-----------)     24 December 2013

1. Unless it is proved beyond doubt in Court of Law, u cannot term as false case.

2. Husband has come out from jail on bail, which means it is considered that a case is proceeding against husband in COURT.

3. Coming out on bail & voluntarily visiting In-laws & entering into discussions with complainant , amount to forceful influence on complainant,

     on further petition in court by wife may lead to cancellation of bail & putting jail till hearing of case is completed. If he has visited them on their call

     with support of  witnesses.

4. u, ur self has admitted that he inflicted injuries himself & filed FIR in Police, on enquiry, the case may be un favourable to him.

Leave about whatever Cr.PC,IPC Sections are imposed on him, I have given my general opinion.


(Guest)

@Bro


In the initial days of marital disputes, I also felt like doing something like you mentioned but somehow some sense prevailed in me and due to my parents influence on me, I could control such horrific thoughts. Just don't even get into such kind of a litigation. All you need to do is show some restraint and keep silence for some period. With time, your wife will fall on your feet begging for pardon. Time is a very good medicine so all you need is patience.


NO to false cases and false strategies. Always be on the right side. Yes I would attempt this kind of a thing if my sister/mother or father life gets into trouble with the b*tch's greediness. But until then be a man, calm down and fight hard for your rights.

Sonu (Software Engineer)     24 December 2013

Hi Ramana Rao,

Thank you so much for your valuable replies. I completely agree with you.

Let me ask my question in different way.

If A went to B home and injured himself with knife and came out of home and filed attemptive murder case against B and B's family members.

A is not having any pending cases in Court.

Since attemptive murder comes under Cognizible casee, does police arrest B immediately without any inquiry?

 

Ramana Rao Mallampalli (-----------)     25 December 2013

1. As u have said earlier, A has come out on bail, definitely his entry into house of B amounts to influencing on B, which is against law.

2. No witness in the incident is available,except B,( who never go against will ), as A has self inflicted injuries. and case against B don't arise.

in the event -

1. Another A (who has no case pending against him) went to B's house(here also different B), come out with inflicted injuries, lodge FIR with supported

    medical certificate, it is different case under IPC-307 with 34 etc.as applicable on ground reality & investigation by Police, in which case B may be arrested.

Sonu (Software Engineer)     25 December 2013

Hi Ramana Rao,


Thanks once again for your reply.

As per my knowledge attemptive murder comes under cognizable case and for cognizable case police should arrest B immediately without any inquiry.

But you mentioned that police will do the investigation and then they arrest B (if they find him guilty).

My understanding and your statements are contradicting.

Please correct me if my understanding is not correct. And also please let me know why cant police arrest B without any investigation if it cognizable case?


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