in my case my wife loge a private complain in cort us 498

vipin (Querist) 22 September 2018 This query is : Resolved
sir my wife loge a private complain u/s 498a without any proof .she is his statements u/s 202,after debets court 498 charg to me.without any proof so i m loge rivijan to adj court. wife stetments in 125 and 13 and 498 all differ. and 125 i am all readu woon. sec 09 and 13 is runing. i am all ready a police complain agaains my wife befor loge his private complain.so i need yr help this fals 498 a charg.i want sonme ruling.pls gaide me urjent.

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Vijay Raj Mahajan (Expert) 22 September 2018
So many cases pending in the court and you must have paid lawyer at your service, ask their help, why asking free help of experts?

KISHAN DUTT KALASKAR (Expert) 22 September 2018
Dear Sir,
Nothing to bother. It is casual in nature. It seems it is a private complaint and not police case. You will not be arrested. Get regular bail. Take appropriate defense as follows.
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Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions

Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.

Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
More FAQ’s on request.

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution?
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.
Q. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint?
A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).
Q. When station in-charge of police station does not register the case, what can I do?
A. You have the below options.
1) Try to get the reason for not registering the complaint in written.
2) Approach SP of district.
3) Approach media.
4) Approach local heavyweights, NGOs, human rights activists, etc.
5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.
THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
W.A. No. 401 of 2005

6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.
Q. Is there anyway 498a can be averted at police station?
A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible.

vipin (Querist) 22 September 2018
sir
ths but `i want some sc ruling to present to adj court on monday 24/09/2018.so pls clear me which ruling present me in court.

Sudhir Kumar, Advocate (Expert) 22 September 2018
views expressed by Mr Kishan Dutt are very elaborate and you can read the same twice thrice.

citations are not supplied by this forum.

Raj Kumar Makkad (Expert) 22 September 2018
As you have already filed revision petition against your summoning order in the criminal complaint so insist upon it. There is no requirement of rulings at this stage. If there is no material on the file against you then your revision can definitely be allowed.

vipin (Querist) 22 September 2018
sir thx but my adv.want shoing some supreem court rulling so he is present the court.he told me without shoing scourtb any gaidline if court dismiss our revijan.so i need help. sir charg banta he nahi tha but lowar cour court ne laga diya.

Dr J C Vashista (Expert) 23 September 2018
Seek professional services of your lawyer, it is his/her job, if your story has some truth. Prima facie it is an academic question paper and hypothetical story.