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Savleen Singh (Rikshaw Puller)     26 April 2013

Can i go for criminal defamation if my 498a is quashed?

 Experts,

My brother and his whole family is aquitted from 498a but still his in-laws havent learnt the lesson of filing false cases and now their focus is shifted to crpc 125 which was running with 498a. Please suggest if we can go for criminal defamtion as they implicated the whole family and the High court clearly mentioned in the judgement that "this complaint found an abuse of court".

Thanks

Savleen

 

 



Learning

 14 Replies

Gaurav (consultant)     26 April 2013

Congrats.

Was it a quash? or acquittal on benefit of doubt? or false case proven? 

Please share your story in details

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     26 April 2013

Acquitted will not attract defamation. Proved false and acqital are poles apart.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 April 2013

Dear Querist

if your whole family is aquitted then file a criminal defemation and a civil suit for damages against them.

Feel Free to Call


(Guest)

@Querist,

 

Better file a damage suit under tort.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Savleen Singh (Rikshaw Puller)     27 April 2013

Thanks All,

It is quashed by the high court with the cost and the honorable court clearly stated in the judgement that "provision of 498a is often misused by one or the other spouse to settle their matrimonial disputes abusing the process of criminal courts to pressurize and harass not only the other spouse but also his/her relations. The complaint filed by the respondent is one of such complaints"

Please let me know how much the above statement wud help me in defamation case.

Regards,

Savleen

ashoksrivastava (scientist)     27 April 2013

Dear Savleen the observations of high court will definitely help you in as much as such an observation can be given only if HC doesn't find any substance in complaint. However defamation will be a different case and you will have to substantiate your claims as per the sections of ipc framed. regards ASHOK

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 April 2013

Unless it is known on what grounds the quashing/ acquittal was done, nothing can be advised.

 

Don't be trigger happy like your wife for filing any cases.

Savleen Singh (Rikshaw Puller)     30 April 2013

 

Thanks for the response

The judgment says there was no dates and events mentioned in the FIR so it was vague and filed to harass only and the jurisdiction was one of the factors.

Moreover the whole family of my brother was implicated by her wife who is practicing Advocate herself.

Expecting some response ..

Thanks

Savvy

Sudhir Kumar, Advocate (Advocate)     08 June 2013

it appears you are acquitted ontechnical groundsand not onmerit.  so there many be no defamation

Harsh (Manager)     20 June 2013

@author - which state?

@experts

Missing dates and the jurisdiction issue - which do you think got the quash done?

I think it is the jurisdiction factor that helped to get a complete FIR quash.


(Guest)

Hi Savleen,

 

 Could you please share your story . i want to go for quash. what happened in quash ? what proof you provide and what  proof  provided by other party please share.

 

thanks 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 August 2014

 I disagree with Mr. Nadeem Qureshi. Criminal Defamation and Perjury can be filed any time as a counter case against 498A, DVA.

 

Criminal Defamation: - U/S 499 IPC read with 500 IPC.

Perjury: - 340 CrPC read with 195 CrPC.

 

@ Hilton, Please take Speedy Trial as top priority. Quashing and others letter.

 

Please see the following links for more information: -

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=2#.U-XyG6Om9dg

 

https:// https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

GOD does work in mysterious ways, alas! judges and law makes are all humans.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

Hillton,

 

His case had a technical ground (Legal point) that the allegations were generic and not specific.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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