Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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False 498A

Guest (Querist) 08 August 2010 This query is : Resolved 
I want to know the procedure for trial of a 498A case. we came to know of the charge against us when police came to arrest in July....what is the way forward chargesheet is not yet filed.

The case filed against me is false and I do not want to enter into any compromise with my inlaws and want to fight back in court. I want to know normally how much time it takes for the decision in a 498A case.

The had just mentioned in FIR that they spent 12L in the marriage though thats a exaggerated figure and second charge is that we asked for 20L from them and sent the girl back to get the cash.

third accusation that we have kept all the streedhan though she had carried all along with her so attracting sec-406.

fourth that we used to misbehave with her.

As witness they have written in the statement the names of her chacha, father , mother , and a neighbour as we asked 20L in front of them.

Though the facts are incorrect so I wanted to know how relevant are the statements of these people if they being from their side saying that we asked for money though its certain since they being related to them can say anything.

we have proofs photographs of a week before they mentioned we threw her out of being happy and wearing all her ornaments tht they have said are kept by us.

A bit concerned as want to know if the other party gets false statements from their relatives what is the defence available to us.
Devajyoti Barman (Expert) 08 August 2010
The genuineness or falsity of the case can only be determined at the time of trial. Of there is mistake, error or falsity apprent on the face of the complaint then you could go for quashing.
There is no fixed time limit for conclusion of trial in 498A cases though the average time can be taken as 5 years.
s.subramanian (Expert) 09 August 2010
yes. i agree with Mr.Barman.
nidhi kalia (Expert) 09 August 2010
MR. DEVJYOTI IS ABSLUTLY RIGHT


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