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Mallikarjun   19 November 2015

False 498a case on me and my parents

Dear Readers/Advocates,

I thank everyone who have given inputs/advice/suggestion given to other members in this forum.

I am another victim of 498a, DV Act, SC/ST Abuse

Brief Introduction of my Case

Me and my wife married on 05/02/2015 in Bangalore after 5 years of Struggle(We Both Belong to Different Caste), after marriage we stayed together for 10 Days then I left to Germany for my Work. My Wife started to force me to come to India and settle. I came back with new hopes and aspiration to live with my wife and also thinking my parents will also reconsider me.

My FIL, MIL, Wife, Brother started forcing me to stay in their house, on multiple requests I said okay thinking will stay for one month and then look for a house, even though I was not interested.

After a Month I started looking for a house and finally got one after my wife liked it, later MIL,FIL got to know about it and started quarelling with me and they even man handeled me saying you have to stay in our house, get children, get site, use our cars, bikes dont buy anything for yourself. Just stay with us. Once they manhandeled me, I went out of the house and started staying in my new rented house without my wife.

Then on Wellwishers mediation they forced me to sign for Mutual COnsent Divorce, For which I refused to sign in Bangalore Mediation Centre then Wife went o police station and gave complaint on me and my parents on 498a, DV, SC/ST Abuse.i was expecting their move.

My parents have come for marriage only for 5 mins and they left, we have not asked Dowry. I even pleaded to get us married in Nandi Hills where both(Me and Wife) will share the expenses, MIL, FIL were reluctant and finally got married as per their wish in Nimishamba Temple, Bangalore.

Now false 498a, DV, SC/ST abuse is on me and my parents for no mistake. Now cases are running in High court for Quashing and Anticipatory Bail.

We decided to teach her and her family a lesson once we are acquitted from this case. This link came for our notice

https://timesofindia.indiatimes.com/city/mangaluru/False-dowry-compliant-court-issues-arrest-warrant-for-woman-doctor/articleshow/43094829.cms?

We got stay in High court till 07/12/2015 and since there is stay on arrest, AB case is not heard by Honourable Court.

Our lawyer advised us to sign the MOU MCD, but we have requested our lawyer to tell the other party until the Case is Quashed we wont sign MCD and have specifically said we will fight the case since charges are false.

My Question is :

1) What if she doesnt agree to QUASH the FIR until I Sign for MCD, If I sign then if MCD is granted by Family court she will definitely make me to run behind her to quash it, We dont want to run behiind her because we have done nothing to her to run.

a) WHAT OPTIONS DO I HAVE TO MAKE HER QUASH THE FIR FIRST THEN GO FOR MCD,..?

b) Can our Advocate QUASH the case even if she doesnt agree for mutual quashing..?

c) How long does it take to QUASH a FIR in High Court in my case..?

2) She has said we have asked dowry,  but infact there is no single penny dowry, beating or harassed or abused her. How did police even register the case and how will she prove in Court.?

3) How do I save ourselves from this problem?

4) How do we safeguard ourself if we enter MCD..? I dont want her to claim Maintanance, Alimony, future cases or any legal options to harass me.

5) How do we teach her and her parents a lesson for harassing us..?

Please excuse me if there is a mistake in my words or typo.

Looking eagerly for your guidance.

Regards,

Mallikarjun

 



Learning

 2 Replies

saravanan s (legal advisor)     19 November 2015

mcd petition can be filed after one year of marriage and you could file a petition for mcd jointly by the february of next year.

work out a mou where she agrees to withdraw her cases before the second motion of mcd and also an undertaking that she wont file any case in future against you. you can also work out things like alimony, sreedhan recovery etc in the mou.

if she had agreed to withdraw the 498a case then you can apply for uashing by filing a petition along with the compromising deed or else uashing of case under 482 crpc can be filed with petition for speedy trial now if charge sheet is filed before the court.

as far as her case for dowry is concerned fight the case on merits

1 Like

Mallikarjun   19 November 2015

Dear Saravanan,

Thank you so much for valuable inputs.

We have already applied for Quashing FIR, and we have got stay and notice has been sent to my Wife. But lawyer said once There is a stay for investigation in 482 Cr.PC we are not supposed to argue the case of Anticipatory bail. I am bit confused like what if stay is not extended?

I have one more question : What is the time line to finish the quashing process in HC?


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