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Suresh Reddy (IT Professional)     28 October 2009

Trapped in false 498A case

Hi All,

My brother-in-law’s wife has filed a 498A case on him and also on all the family member including me and my wife, They have trapped me as I am well settled IT professional and they tried to extort huge amount and initially we tried to settle for a huge amount but ultimately which has not ended up smoothly for some reasons and we ended up taking bail. Case has been filed in her home town (Nalgonda dist. Andhra Pradesh 100 km from Hyderabad) and we stay in hyderabad. From some of my friends I got to know that I can file another case on her in High court (scauch) stating that she has filed a false case on me and my wife.
 
I say 30 km away from my brother-in-law’s place even then case has been filed.
 
I wanted to know will it be good decision me approaching the High Court.  
 
 

 



Learning

 8 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

Merely filing of FIR against you and your wife is not sufficient. Put your matter investing officer. I hope he shall scrap your names during the investigation and no challan can be put against both of you untill and unless specific allegations about your role comes to his notice based on reliable evidence. SC has clearly held that relatives like you are unnecessarily should not be implicated in such cases.

1 Like

Suresh Reddy (IT Professional)     29 October 2009

Hi Raj,

I have already put my matter with the investigation officer saying that we live 30 km away from the house they lived, I never had much interaction with her and I have never called her on mobile to discuss the matter even then Charge cheet has been filed on us as the girl's family has bribed the officer.

She dont have any kind of evidence so show before the court.

 


(Guest)

Get petitioner's behaverial statements (affidavits) from relatives, neighbours, freinds etc. and any other proof. SUbmit to the court. 

1 Like

Feroz M Shafeeque (Police Officer)     29 October 2009

The case against you and your wife seems weak. So it is better to appoint a lawyer and fight the case in the trial court itself. It will end in acquitall. 

There is nothing wrong in approaching the higher court to discharge you from the case, if you are not bothered about the expenses.

1 Like

K. Rajendra Prakash (Advocate)     09 November 2009

You are living away from your brother-in-law"s place.  It seems case against you is weak.  There is nothing wrong approaching the Hon'ble High with a quash petition.  If there are no specific allegations against you in the said FIR the same may be quashed.  Relatives like you are unnecessary and should not be implicated in such cases.  498-A is being misused.  It has become a weapon to extract money

1 Like

K. Rajendra Prakash (Advocate)     09 November 2009

You are living away from your brother-in-law"s place.  It seems case against you is weak.  There is nothing wrong approaching the Hon'ble High Court with a quash petition.  If there are no specific allegations against you in the said FIR the same may be quashed.  Relatives like you are unnecessary and should not be implicated in such cases.  498-A is being misused.  It has become a weapon to extract money.

1 Like

Suresh Reddy (IT Professional)     09 November 2009

 

Thanks All for your valuable comments. I have few questions please.......

If I file a quash petition should the girl need to appear in court? do they need to appoint a Lawer?

Please give me few tips to follow to close this issue faster in my favour.

K. Rajendra Prakash (Advocate)     09 November 2009

She need to appear through an Advocate orelse she may fight the case Party-in-person.

1 Like

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