What options i have after getting aquittal in false 498a case
bizhub
(Querist) 29 April 2017
This query is : Resolved
Respected Members and Experts
I have been facing a false 498a/406 case for the last 10 years and i have been acquitted from the false case. Kindly do let me know what case can i file against them for the suffering and humiliation i and my family faced for the last 10 years
S.B.adil rahman
(Expert) 30 April 2017
You can file damages case in civil court against the informant and the prosecution. You can also read the judgment of case Perumal Vs. Janaki[Criminal Appeal No.169 of 2014 arising out of Special Leave Petition (Criminal) No.1221 of 2012]of Justice Chamleshwar. You will get a fair idea.
Dr J C Vashista
(Expert) 30 April 2017
@ Bizhub,
1. Prima facie you have concealed your identity and you are an anonymous author, having an unusual/smart name adopted, wherein the experts do not entertain such author as per rules of this platform.
2. However, I am of some other view than that is opined and advised by expert Mr. SB Adil Rahman, otherwise, I agree and appreciate him.
3. Instead of buying more trauma, additional financial burden and tension through out the life of the case(s), wherein result is indefinite; which you may/can file for compensation (civil) and/or malicious prosecution (criminal) it would be better to digest,forget and forgive.
Rajendra K Goyal
(Expert) 30 April 2017
Full case file and orders of court need to be referred, discuss with your lawyer.
S.B.adil rahman
(Expert) 30 April 2017
I fully agree with the views of Dr.J.C Vashista. It is very practical advice. Please do listen to him if you want peace because then every action has equal and opposite reaction.
bizhub
(Querist) 01 May 2017
Thanks @ S.B Abdil Rahman, Dr. J.C Vashista and Rajinder k Goyal for your advice and coments . The judgments runs into 30 pages so i did not upload that.
Guest
(Expert) 01 May 2017
You have stated, "I have been facing a false 498a/406 case for the last 10 years and i have been acquitted from the false case. ."
So, first of all, if yours is not an academic query, accept our congratulations.
You have asked a question, " Kindly do let me know what case can i file against them for the suffering and humiliation i and my family faced for the last 10 years?"
But, I wonder to know that although you have been facing the 498a case for the last 10 years, you did not feel the need to get any advice from any of experts here for the last 10 years. You registered with the site of LCI just two days back on 29.04.2017.
Question arises, how all of a sudden you felt the need of advice from the experts of this LCI, instead of asking the said query from your own lawyer, who fought for you for the last ten years and to get you acquitted of the heinous criminal charge?
More so, why do you feel that the experts at this site would guide you under which sections you should take revenge of the crime, without knowing any background of the case, when you have not stated, what your own lawyer has advised you or why he did not ask you to file any such case, as you are desirous of?
Any reason, why this query be not treated as an academic query for which you may be searching to answer to fulfill your academic needs to solve the exercise.
bizhub
(Querist) 01 May 2017
@ P.s. Dhingra Sir, Thanks for your reply . I do care for the your concern and have no excuse to offer for not taking the advice of the experts.
I did consult my lawyer and he is very good one. He advised me to file the divorce and be prepared for the appeal from the opposite party and said others things can wait.
I have been searching the net and found valuable advice and judgments how to defend the false case 498a/406 cases but never found any concrete help about what to do and how to do after winning a false 498a/406 case. That is why i register with the site and asked for the advice.
Guest
(Expert) 01 May 2017
Mr. anonymous with adopted name bizhub,
So, in the absence of any trust between husband and wife, the best option for you is only to seek divorce for wrong allegations by wife.
