Urgent help on false 498a dowry case


My wife filed a false 498A dowry case in Uttar Pradesh against me and my family in 2012. There were five name but in the initial hearing , two names(married sister) removed but we didn't get any kind of communication. then they went to upper court to add again those names but the result was same and both the names were removed again.

Then we got some information after one year when we got some summon. Then we hired a lawyer and present there. He took stay from high court.

But they filed another false case for domestic violence. that's also going on. My father gave the statement to investigation officer but he didn't submit the report.

Today, the lawyer is saying that we have to take bail else arrest activity will happen. and I am not in india but my parents are there so what should I need to take further action. it's almost 2 years for the continuation.

whats the correct way to fight against false 498a. please suggest.

as my wife is already well educated(bsc, msc, mca) but don't want to do any job.

how can i take bail asap.

 

So, I

 
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I guess there in is no Provision of Anticipatory Bail in UP , But you can take stay on arrest.

 

 
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ghvhb

Arrest is in case of 498a not dv Dv is quasi criminal ...meaning its a civil case and only when orders are not.obeyed the judge can oass orders like a criminal case Please do some research online as well
 
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ghvhb

Arrest is in case of 498a not dv Dv is quasi criminal ...meaning its a civil case and only when orders are not.obeyed the judge can oass orders like a criminal case Please do some research online as well
 
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In fresh DV case, you do not have to obtain any bail neither others accused in it. Consult your lawyer about this.

 
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As I have mentioned that I took a stay on that but my lawyer updated that that stay has been cancelled.

So, I want some suggestion how can I get a bail if needed as my lawyer said to me or to file the case quashing.

 

So that my parent can have relaxation. As there were so many thing which can be proven wrong as they are also.

My lawyer told me those but now he said that the stay has been cancelled.

Do I need to apply another stay ? 

 
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Advocate

Domestic Violence case is a quasi criminal case  and civil in nature in such a case court shows lenient views to grant bail to the accused whereas, cases u/s.498A IPC is rigorous and serious Cognizable offense unless anticipatory bail is obtained there will be every chance of arrests of the accused.  In such a case the accused may pray for anticipatory bail before Sessions Court or in High Court.  THERE ARE CERTAIN LEGAL TECHNICALITIES which can help an accused to obtain Anticipatory Bail order.  Once the charge sheet submitted by the Police in the Trial Court .  Normally the upper courts do not like to interfere in the proceedings of the criminal court and directs the accused to submit regular bail petition before the Magistrate.  Engage an experienced local lawyer conversant in bail matters.

 
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