Ganesha Nam (SE) 12 October 2013

False 498a has been filed : advise request

Hi Forum Members,

I got married in the month of May2010. I filed for Divorce under Section 13(1)(a) on Mar 2013 on account of adulterous,inappropriate behavior of my wife leading to Mental Cruelty. On August 2013 my wife has filed FIR on 498a (U/S 3 and 4 of the Dowry Prohibition Act. 1961 and U/S 66) and 43 of the Information Technology Act.

Please advise if a 498a is valid even when I have filed a Divorce case and the case is still pending before the Hon'ble Court from Mar 2013. How to get the 498a quashed? Any Judgments where 498a is quashed because of Divorce case pending?

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6 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 12 October 2013

There is nothing stopping her registering a FIR, hence initiating a 498a. The fact that a Divorce case is pending is no bar to 498a. In fact, (sadly) it has become a common practice by (not so enlightened) Advocates to advice their clients to go in for a 498a case as a counter blast to Divorce petitions.

Fight and win the 498a on merits.

ashoksrivastava (scientist) 12 October 2013

Originally posted by : Ganesha

Hi Forum Members,

I got married in the month of May2010. I filed for Divorce under Section 13(1)(a) on Mar 2013 on account of adulterous,inappropriate behavior of my wife leading to Mental Cruelty. On August 2013 my wife has filed FIR on 498a (U/S 3 and 4 of the Dowry Prohibition Act. 1961 and U/S 66) and 43 of the Information Technology Act.

Please advise if a 498a is valid even when I have filed a Divorce case and the case is still pending before the Hon'ble Court from Mar 2013. How to get the 498a quashed? Any Judgments where 498a is quashed because of Divorce case pending?

@querist she can very well file 498a with divorce case pending.

Your immediate priority should be to file for AB under crpc438.

Generally quashing is not easily done, but nothing specific to your case can be said till details of allegations contained in FIR and other facts are known.

regards ASHOK

Ganesha Nam (SE) 12 October 2013

Thank you. Currently we are in the process of getting AB. If we have evidence to prove the points in the FIR is false, would it be prudent to put counter cases once AB is obtained ?

Sreenivas V (S/W) 13 October 2013

Hi Ganesha,

Normally 498A cases will be filled to get money from you. It takes years to get these cases finalized normally. So how much evidence you have does not matter here. If you are lucky and get a good lawyer then there is possibility it way resolved in few yrs like 1 or 2 years else it will go atleast for 4 or 5 yrs

Ganesha Nam (SE) 13 October 2013

Please advise what are the amendments made to 498a ?

Correct me if im wrong , FIR can be filed only after preliminary investigation right:

"The Criminal Complaint under section 498A I.P.C starts with registering F.I.R with the local police with the Police officer of the Rank of Deputy Commissioner Police level who before actually registering it shall first get the matter investigated, if there exists any real substance or evidence with regard to act of cruelty as complained by the wife or her parents etc shall register the F.I.R.

After the F.I.R. is registered the parties involved as accused can seek Anticipatory bail from the court to prevent any arrest which otherwise too will not be done after recent amendment in the Criminal Procedure Code.
The proceedings in the court begin only after proper charge sheet/challan filled by the Police and at that time the accused person and the complainant are required to be present during the court proceedings in the court."

Also if compliant has filed FIR on x date, when is the accused informed ? is there a time period?

ashoksrivastava (scientist) 14 October 2013

Originally posted by : Ganesha

Thank you. Currently we are in the process of getting AB. If we have evidence to prove the points in the FIR is false, would it be prudent to put counter cases once AB is obtained ?

@ Ganesha you should think of preparing grounds of perjury during trial and not of any counter cases at this stage.If 406 is also applied along with 498a do not be overconfident that you will get AB from sessions court itself.

regards

Ashok