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Shruti (XYZ)     27 August 2011

Complainant not turning up in court in false 498a!!

Hi All,

My SIL filed false cases against me and my family u/s 498A, 307 and many others. Police after investigation has submitted Final Report in our favour to court. Summons has been sent to girl's family but they are not turning up in court and now the court has given them the last opportunity to challenge the 'Final Report'.
So dear members my queries are:

1) What can be their motive for not turning up in the court(I am sure they are not scared and will challenge Final Report for sure since they want to extort a huge sum from our family by harassing us in some or the other way)?

2) What if they don't turn up in court even on next(last) date?

3) Can they challenge Final Report and get it converted to Chargesheet even without having any proofs?

4) Do we need to take bail if Final Report is not accepted in court?

5) Can we challenge the magistrate's order of not accepting the Final report if he doesnt accept Final Report? And under what sections?

6) Once the Final Report is accepted in court, how can we proceed further to punish my SIL and her family in harassing us in this false case?

7) If final report is accepted in court, then can the same Magistrate start proceedings against this lady and her family?

Thanks in advance!!

Regards!!



Learning

 7 Replies

Kiran Kumar (Lawyer)     27 August 2011

the other party must be having a knowledge of the police report...if they dont turn up then certainly the court will discharge you.

 

you may sue the complainant for malacious prosecution later on.

 

but my sincere advise is to resolve the matter either way...whether divorce or continuance of marriage...but all amicably....court processes are long...so try to conclude the things as soon as possible.

1 Like

Advocate M.Bhadra   27 August 2011

After submitting final report by the police  and if your wife would not challenge then court may dicharge you.It is better for you to file a suit for Divorce on Mutual consent .You are lucky that  your wife did not file a maintenance case against you.

1 Like

Shruti (XYZ)     27 August 2011

Who said that my sister-in-law just filed 307, 498A....she has filed DV, 125,etc...etc...too!!

Shruti (XYZ)     27 August 2011

Hi Members,

Request you to advise what steps can we take if Final report is not accepted in court.

Thanks!!

Advocate M.Bhadra   28 August 2011

This is an open forum an advice given by the lawyer which may be benefited by the opposite party.

1 Like

SANJEEV KUMAR (STUDENT)     29 August 2011

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2011

1) What can be their motive for not turning up in the court(I am sure they are not scared and will challenge Final Report for sure since they want to extort a huge sum from our family by harassing us in some or the other way)?

It is a matter of speculation only as to why they are not appearing. Maybe the complaint was so vague and misconceived that they have accepted the fate of final report.

2) What if they don't turn up in court even on next(last) date?

The court can discharge you and accept the report.

3) Can they challenge Final Report and get it converted to Chargesheet even without having any proofs?

Yes and No for conversion to chargesheet. It is a matter of merits. But they can always challange the Final Report

4) Do we need to take bail if Final Report is not accepted in court?

Yes, indeed.

5) Can we challenge the magistrate's order of not accepting the Final report if he doesnt accept Final Report? And under what sections?

Yes, your lawyer would be well versed with the same. You can go for quashing the order, writ and just revision of it. But the axact section can be told after seeing the order only. Don't try to put cart before the horse.

6) Once the Final Report is accepted in court, how can we proceed further to punish my SIL and her family in harassing us in this false case?

You can file for malicious prosecution/ defamation and many other things as per the merits of the case.

7) If final report is accepted in court, then can the same Magistrate start proceedings against this lady and her family?

No. He won't

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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