(Querist) 30 July 2008
This query is : Resolved
dear sir, i am a accused of beating my mother in law. she has put a fake case against me for broking her one teeth.
in addition to this she had forcefully logged a complaint against me and my family through my wife under section 498-a. but my wife setlled the complaint by withdrawing the complaint when she came to know the facts abt this law.
my wife has no contact with my in laws. my wife is a eyewitness and she knows that i have not broken her teeth but herself she has done it. as her one of the teeth was in a bad position and just to haras me she broke her teeth.
the medical report says that injury is grievience. instrument used is sharp. but my mother in law has mentioned that i broke her teeth with my punch and leg. apart from this doctors have mentioned that the internal structure of denture is not good.
some of the relatives and neighbours of my mother in law have given the wrong statement to police that i had beaten my mother in law. and now they have been called by the court next month. please advise me what should i do.
It is remarkable to note that 498A relates only to wife and to mother-in-law, which is reproduced for your convenience.
498A. Husband or relative of husband of a woman subjecting her to cruelty:- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
My advise is based on the above provision, you can claim that i dont have any relationship with her and i am remote to her and moreover there is no nexus to the complaint and you. Thus by stating all these claims you can defend yourself as the allegation is frivolous, trivial and baseless. You can also claim that the complaint is made out of ill motive and can file a Quash Petition before the Hon'ble High Court to quasht the complaint.
If the trial is on you can defend your self and moreover show that it is a clear case of enimity so that you can very well get out of it by a help of good advocacy as it is a crime between persons, it can also be mediated well.
(Expert) 31 July 2008
Let your wife vouch safe you as she is with you. You can always cross the doctor about the near possibility of her tooth coming off. had it been by your beating her face must have also suffer some bruises.
(Expert) 31 July 2008
please specify what is the stage of the case and why the witnessess have been called to court? what is the offence under which the case has been lodged? what is the report of the doctor?
(Expert) 01 August 2008
Dear Tarun, From your word it is understood that your wife's compalint u/s 498 A is withdrawn. Your motherinlaw's(better use it IL) case in under trial for grieveious hurt u/s 326 IPC. Under the impression that the above mentioned is the factual position I am answering your query. Your case is that the IL has given a false complaint with a decayed tooth with aid of bad internal dental structure. IL says the weapon used was your leg and fist.But the doctor gave an opinion that the tooth can be brocken with a sharp weapon. Is it correct? The evidence of expert and the IL is contradictory. This is a + point to you. The evidence of your wife if she favours you also is good factor to you. But you must see the medical opinion is only an opinion. Occular evidence will always prevail over opinion evidence. Conduct the case in a good manner. If possible you try to settle the issues throug mediators so that IL may not hit against you hardly while she is in the witness box in the court.