Ranjit (Manager) 01 September 2012

False victim of 498a

Dear Sir,

I have been a false victim of 498a, we got Registered married in Mid May 2011 and stayed in a house for 2.5 months during which I suffered a lot of insults and on 09 August 2011, she left the house after an verbal argument and went to her parents house. After which I made several attempts to convenience her but in vain.

This year in mid May 2012, her lawyer called me on my mobile and said, she came to her for a mutual divorce and I told the lawyer that i need time and I will make a decision in a month, after which I had no communication from them and on 21st June 2011, I got a call from Police Station saying she has filed a 498a against me.

I went to the Police Station and on the same day, she said she will agree for a compramise if I agree for Mutual Consent, Which I agreed for and now the date of the divorce has been confirmed in January 2013, but till date no progress has been made on 498a and today the SI and the lawyer (mutually for me and her) has said that they will file the case for compramise in court next friday and then I will be on observation for 3 months after which case will be QUASHED and SI was saying he will submit the CHARGE SHEET as well.

Now, I am confused if a Charge Sheet is submitted then will I be prosecuted and remanded? If a Charge Sheet is submitted then what are the points to be put across in the Charge Sheet, so that no further trail is pending on me.

Is Charge Sheet a Final Report? If not When can a Charge sheet called as Final Report?

I dont want to spoil my future for that lady.

Please help me.

Regards,

Ranjit

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7 Replies

MohammedRaffiq Bijapur (Advocate) 02 September 2012

Ranjit Yes charge sheet is a final report. If ur wife is ready to settle the matter why do u worry about the prosecution. You can at single hearing date, after charge is framed, dispose of the criminal case. And as regards divorce case, if six months period from the date of filing of petition has expired prepone the case and seek orders.

1 Like

Naresh (team lead) 02 September 2012

Is there any timeline within which IO needs to submit chargesheet? If chargesheet not filed even after 3 years from date of FIR, what advice would you give to the 498a victims?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 September 2012

1. Have an independent lawyer.

2. CS even if filed can be quashed, it has nothing to do with your compromise. Upon CS you would be summoned, and if you have reached a compromise, the court would enlarge you on bail. There is no chance of getting remanded.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

3 Like

Ranjit (Manager) 10 September 2012

Thank you for all your valabule information.

Chargesheet has been submitted in the court, stating, "I have been kept on remand for 14 days and I have agreed for all the charges she put on me and concluded to compramise with elderly advise", following which I have been granted bail.

Does this cause any problem to me in future regarding renewal of my Passport and Visa. As my company is sponsoring visa for me to fly in coming March 2013, will it be a legal issue for me?

Regards,

Ranjit