Crime under 498a
Built Trust
(Querist) 19 June 2012
This query is : Resolved
Dear Sir,
My wife filed 498A case against myself & my family on the ground that we tried to kill her.
Actually, She tried to injured herself with the help of nailfiler.However, I tried to stop her while doing the same. Thereafter I called doctor to check her as I felt her mental condition is not proper as she is unncessary trying to create nuisance.
After that she went to police station and lodged the complaint against me and my family members.
Do I have commited a crime by calling a doctor so that she could be properly assessed with the problem.
Please help me.
Ajay Bansal
(Expert) 19 June 2012
Please tell what is the present status of said complaint of your wife.
Built Trust
(Querist) 19 June 2012
Currently I am on notice bail period. No further action has been taken.
Adv.R.P.Chugh
(Expert) 19 June 2012
1. Obviously the injury would be reflected in her MLC - which is worrisome.
2. From any expert it can be culled out during trial that injuries can be self inflicted, and the fact that you called the doctor would further corroborate our version.
3. You are on notice period means FIR is not registered - if it is get anticipatory bail again, if the FIR is frivolous - go in for quashing (subject to reading of the FIR)
Good Luck !
Built Trust
(Querist) 19 June 2012
Dear Sir,
In FIR, she has submitted that " when docter came she said she is absolutely fine and dont required any medical help.
ajay sethi
(Expert) 19 June 2012
agree with bharat chugh
Guest
(Expert) 19 June 2012
The FIR will not be quashed merely on the basis of this statement. No opinion on quashing can be given unless the entire FIR is seen.
N.K.Assumi
(Expert) 19 June 2012
Well advised by the members.
Shashikant V. Patil
(Expert) 19 June 2012
This content of FIR is very useful to defend you as she refused medical aid and and stated she is abosolutely fine when called for doctor.
Shonee Kapoor
(Expert) 19 June 2012
Ld. Bharat has advised you correctly.
You should become a member of http://forum.498a.org/ and start attending local SIFF meetings.
If you think that undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 19 June 2012
Lack of proper understanding between the husband and the wife ignites uncontrolable differences in their mental approach and attitude.That keeps on increasing alarmngly until it gets burst.Our ego's are the main culprit in breaking of marriages,however concretely they are performed.
Legalities have been dealt in depth by the above experts.
Sudhir Kumar, Advocate
(Expert) 18 November 2012
very few person can prove innocence in such cases. You appear to be one such person.
I welcome Mr Kapoor to help such persons. He takes care not to be sympathetic to undeserving cases.
