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What would be my next strategy for false 498a and dp 3 & 4

(Querist) 20 November 2013 This query is : Resolved 
dear experts,
I need your valuable suggestions and guidance.

Case: Wife filled private complaint U/s 498a,323,406,506 and Dp 3 & 4 before lower court.

Allegations She made: we have demanded Cash of 10 lac and a car.Since first night husband was torturing her and starved her for food,all family members of husband beaten her for demand of dowry. Husband had threw her out from home at night and all are asking her to go for suicide.which all allegations are false and filed on retaliation.

Prior case detail: before filling wife approached caw cell but they have not registered complaint due to her false allegations known by all.In-laws wanted to grab husbands property which is not on his name as all assets and properties are on the name of his parents and after few days of marriage in-laws started threatning and wife also shook hand with her parents to extort money.
When husband and his family objected her in-laws malafide intentions ,they always threatned to drag husbands family into dowry and other criminal cases.

1.Husband had already filed private complaint of illegal tresspasing,extortion and breach of peace and danger of grave injury from them after knowing his in-laws bad intentions prior to her case.
Status of husband case: examination and enquiry.

2. Husband had already filed RCR but after recent development of sever menatl cruelty he wants to withdraw his case and want to file Divorce on mental cruelty facing till now.


My query:

1. How to get Ab when 498a is filed as priv. complaint before court and summoned had not reached yet at husbands place?

2. How to prove that dowry has not been taken which they have alleged that they have given 10 lacs in cash.
As they have not given any thing except 3 lacs for purcahsing of jewellery for her daughter through cheque , which has been already purchased and delivered to bride at the time of marriage.

3. DO we wait for summon to reach and appear before court on asked date and secure regular bail?

4. In her complaint only A1 AND A2 had been asked for summon after fulfilling the requisites from complainant within 15 days and all other 3 accused has been eliminated due to insufficient proof.
So, my question is this a fit case for quash U/s 482 crpc as all allegations are vague and witness of wife contradicts with all her allegations and other accused has been already accquited due in sufficient proof.

5.Can we get AB and get accquital As i have proof of threats from in-laws in mode of sms and previous NCRs and pvt. complaint filed by me on them prior to her case on us.
even I have given 3 Ncr complaints of their threats and conspiracies in local PS and HRC earlier.
Do all these will help in securing AB or bail?


Dear learned counsels ,plz help me to make strategy to to fight against her extortion and oblique allegations.

I shall be obliged to all.




T. Kalaiselvan, Advocate (Expert) 21 November 2013
Ramesh,
All your questions are very simple and can be answered by your lawyer spontaneously. However, If there is no warrant against you for arrest what prompts you to go for an AB?,
The onus to prove dowry demand is on them, dont bother about it,
Even without being served a summon why do you rush up with such ideas,
How did you come to know that only 2 have been mentioned as accused and others have been excluded? Once you get a summon and after receiving the complaint copy, go for quash,
last question is brushed aside as unnecessary at this stage
ajay sethi (Expert) 21 November 2013
your wife will have to prove allegations of giving Rs 10 lakhs as dowry in cash . burden of proof is on the complainant .

98%of 498A cases are false .you have stated that complaint has been filed in court but no summons have been issued yet .obtain copy of complaint filed by your wife

fight 498A case on merits . dont file for quashing unless you have strong case . go by your lawyer advise .
498aindian (Querist) 21 November 2013
@ Adv. kalaiselvan,
sir i got to know from court after enquiry. Yes questions are simple but yet not trustworthy given by my lawyer. Thats why i want to clear it from experts here.
Sir,my intense query is how to avoid arrest? what is procedure after getting summon from court?
498aindian (Querist) 21 November 2013
@Adv. ajay sethi,

sir, do my prior case filed on them will help me in securing AB/bail and to defend 498a as they have been filed on retaliation basis without any base?

their all allegations are false even the amount given through cheque was returned through jewellery to their daughter and I have the bills. so,is this not a fit case of quash?

Rajendra K Goyal (Expert) 21 November 2013
I endorse the advise of expert ajay sethi ji, in-spite of going for quashing of FIR defend the case on merits. Get AB, contact local lawyer.
498aindian (Querist) 21 November 2013
@ Rajendra sir, complaint is filed before court and No FIR been lodged by any police station.She has filed the case by oblique motive.
Kindly advice me how to secure AB and defend the case?
T. Kalaiselvan, Advocate (Expert) 21 November 2013
You cannot obtain anticipatory bail when there is no FIR or arrest warrant or any curt order to arrest you etc. The petition for AB will be dismissed as not maintainable.as Mr. Ajay Sethi rightly advised you, better contest the case on merits ad I strongly feel that with the available evidences in your possession, you may be easily acquitted. Filing quash petition with the high curt can be taken up at any time and at any stage.
ABDUL RAZIQUE (Expert) 21 November 2013
Agree with expert.


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