LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj patel (Manager)     16 September 2011

498a to chargesheet

Dear All,

My name is Raj and from Gujarat.

One silly question but anything can happen in India.

My family is from Ahmedabad and my wife’s family are from Delhi. They live there. My family and I have just come out on bail from false 498a, 406,504,506,114.  We are surely innocent. My wife only filed the case because i didn’t give her my daughter and divorce. I have discussed my issue in this forum under “Child Custody” just in case if you want to have quick look.

My question:

Is it possible that my wife’s lawyer who is well known criminal lawyer and local person can bribe the local police station to create the biased charge sheet? I mean make the case more positive on my wife side and negative on our side??

Does court taken charge sheet for granted?

We are innocent but I am afraid if police make biased charge sheet then my family may have to suffer.  When my wife place the 498a, that time they bribed police so well and even we surrendered at early morning they had shown our present at 3 pm that day!!!

Please advice.


P.S. No Compromise advice please. I have suffered a lot because of her and I want to stand for my daughter now.



 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 September 2011

They are police people they can do anything for the money.  If you have got good grounds then challenge the FIR in the High Court for quashing.

Let me know wwhere the complaint is filed, whether it is in Delhi or Gurarat?  On the ground of jurisdiction challenge it in the High Court.

Raj patel (Manager)     16 September 2011

The case is filed in Gujarat.
We got the copy of FIR and court order after our bail which seems ok.

But can they make chargesheet different than FIR.

We have some strong point as we are innocent. i.e. she said, " my parents and sister asked for money. They never have asked. Infect we used to live in US so they hardly spent more than 10 months together and even those months in various installments.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2011



Whaty is chargesheet, it can not be above FIR :-) Cardinal Principal 


Don't worry and loose hair.


Eat Drink and Be Merry.




Shonee Kapoor


1 Like

Advocate M.Bhadra   16 September 2011

 If you are inocent,you can file a quashing petition  u/sec.482 Cr.p.C. in High Court challenging the said FIR.Advocate Rajeev rightly said the police authority are all in all  in our country and they can do everything without any investigation.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 September 2011

I disagree with Ld. Adv Bhadra,


482 is an exercise not routinely used by HC. As Adv Rajoo rightly said, file it only if the grounds are met in the FIR itself.


Quashing happens on legal grounds only, it has nothing to do with you being innocent or not. Innocence is defined by trial court after full blown trial.




Shonee Kapoor


Harsh (Manager)     07 January 2013

If Quash happens only on legal grounds (irrespective of being innocent or guilty) ; can she file another improved version of the complaint if thefirstone is quashed?

rajiv_lodha (zz)     08 January 2013

Nobody can prevent her from putting new application. But Ghost of her earlier application+FIR+quash wont leave her.

So relax, her attempt of this like wil be easy 2 deal with

1 Like

Shantanu Wavhal (Worker)     08 January 2013

I think, 

In my case, 

I was more worried & tense before 498a FIR was filed.

now that it has happened & we have made a trip of Jail, NO MORE TENSION now ... kya hoga ... kab hoga ... kaise hoga ...

hone do trial ...

1 Like

Never Give Up (Fighter)     09 January 2013



Very true statement by Shoneeji..Dont lose hair..you wont get another good girl after divorcing this 498a lovely..




Very  True. I have exactly same exp. after FIR got filed. Till that point of time i had double mind about continue or not to continue with relationship. Now its very clear and so much of relief ..

Kanpatti pe pistol rakh ke ne kutch nahi hoga..yaa to pistol chalao ya fir use jeb mein rakh do. That should be the fighter's attitude :-)

Zubair (aaa)     11 January 2013

What if Chargesheet is in partially in favor of some of the accused. Is it advisible to go for Discharge (as quashing is done before chargeshet) of the specific accused??

My question basically is whether charge sheet is enogh for discharging if it is in your favour???

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register