renu (consultant) 13 January 2010

498A, A Big harressment

My brother got married in 2004 and stayed with his wife for 7 days. Those days were not good fo family as the girl was not at all co-opertaive. My brother left the home after 7 days for a business and left the city by informing to his family. His wife went to police and lodged a FIR and arrested our father. As her husband was not there he was not aware with the incident. After that that lady went back to her family. There was a case lodged by her of 498A on my brother which he was never informed by our father due to their internal fight and resulted he go arrsted after 5 years of marriage in Delhi though he got married in Bihar. Now we got the bail, chargesheet is going to file in February but we guess it will take another 3-4 years for resolution. Can you please suggest a better way and contact details of a lawyer who can help us for out of the court settlement as girl is looking for a vwery huge amount which is not appliable acctually. Please suggest and help

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3 Replies

sunil pagare (lawyer) 13 January 2010

Dear Renu,

This provision made for the protection of the women, this is the shield for women but now a days women using it as a sword. As u inform that place of marriage is Bihar & complaint lodge in Delhi,if complaint reavel that whole incident of harrassament is in Bihar. then Delhi court have no jurisdiction.file petition for quashing the proceeding. so far huge amount is concern demanding illegal money is an offence under IPC. Extortion compliant can be file.

Hardik Mehta (Family Counsellor) 14 January 2010

Renu,

When was the case filed? If the case was filed in 2004 and not yet chargeseheeted, then you can go for quashing u/s 482 read with 468 CrPC, Period of limitations where the chargesheet if filed with the delay for more than the maximum punishment for that section. Ideally the chargesheet has to be put in the court in 30 days, but the police can delay the matters. If the chargesheet is still not filed, then you can take the advantage of this situation. If the case is quashed, you will not have to give anything. You can prove cruelty on her as well as desertion.

ramprasad reddy. pottipati (Lawyer) 14 January 2010

hello,

Mr Mehta is rightly mentioned that the case is barred by limitation. You made it clear that only 498(A) case was registered. Even now the Investigating agency not chosen to file chargesheet in ur case is clearly barred by limitation and hit by Sec 468 Cr.P.C. The trial court should not take cognizance when the police filed chargesheet in a case like u after 3 years. The limitation is only 3 years. It is a right time to invoke Sec 482 Cr.P.C in a competant High Court to quash the proceedings.