Need help in 498a and DV


Sir/Madam

My brother and my family (6 members) are falsely implicated in 498a,506,406 case.  my brother wife has filed the 498a in Nov 2010, police is filed the FIR, but not able to file the chargesheet because it is a false case (they also know it). In the FIR, they have placed witness as all thier relatives, there is no common witness. and on May 2010, Again to extract money from us, she filed DV (12 B) against my family (7 members) - my bother,mom,father,me,2 grand mothers,1 grand father.  we have moved to high court for quashing 498a on April 2010.  now we have also moved to high court for quashing DV. In the DV she has asked for a huge amount. Her only aim is to extract money from us.

1. what is possible for the quash in 498a and DV

2. my lawyer told that DV cannot be filed against womens..it is true?

3. when 498a is in court, can she file DV case with the same false complain

4. what are other case she can file?

5. Will her relatives (her father,mom,uncle) be counted as witness by the court?

thanks

bolo

 
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Practicing Advocate

Whether a case deserves to be quashed depends upon the facts and evidence in the case. DV cases can also be filed against women as per the recent judgements. DV can be filed when the case u/s.498A is pending. There is no bar for her relatives to be counted as a witness. She can file civil/criminal maintainance cases against you. They are competent to give testimony in her favour.
 
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practicing advocate

recent karnataka high court judgment is useful for you, entire judgement will be posted.  It may useful for you.

 
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Thanks for your reply.. please post the HC judgement

 
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advocate

I go with Archana mam.

 
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I totally agree with Adv. Archana.

 
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Scientist

Hi Bolo,

 

If you have evidence with you to say that allegations are flase and if opposite party files affidavit in court with false information then file perjury application in High Court u/s 340 CrPC read with 195 CrPC. 

 

Similar application you can file in trial court if no stay is granted by the High Court.

 

This way you can bring your evidence on record and later file discharge appliction saying the allegations are false or allegations have no evidence to conduct trial.

 

File perjury in DV as well as in 498A case. If you file perjury and win gives you two advantages, one, wife case become week, second, she goes to jail for making false statement in court.

 

Make sure that wife false statement attracts the folloing in the perjuty application:

 

  1. Statement is false,
  2. Statement is made as true knowing that it is false,
  3. Flase statement is made with intension to cause harm.
 
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my sister-in-law had filed 498a,dowry case etc of ipc to my whole family and then stay order was issued and then bail was granted. but she had filed this case in jamshedpur, jharkhand by stating in plaint or FIR that her marriage was held in jamshedpur which is not true becoz marraige was held in maharajganj in bihar and all other allegations are false. Pliz advice me what to do?

 
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Scientist

Hi,

Let investiagtion complete and file the charge sheet.

If no part of the crime happened at the FIR registered police station then go for transfer of case saying the court do not have jurisdiction to trial the case.

 
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