minakshi bindhani
15 October 2021
As per your illustrated query!
The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498A case details. You must collect as much evidence as possible, which includes:
Any conversation between you or your family member with the person or her relatives like any SMS, emails, letters, call recordings, etc.
Any evidence that proves that such person moved willingly out of your house.
Any evidence that shows no demands for dowry were made before or after the wedding
Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defence lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can proceed with anticipatory bail for protection against section 498A IPC case under Section 438 of CrPC.
Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.
File a cross FIR against the person for blackmailing or filing a false 498A case against you. Police usually do not favour such FIRs, but if you make your case have sufficient reason to believe, the police cannot deny you to file an FIR against your wife. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station.
File a defamation case against a false 498A case: You can also proceed defamation case against such person for maligning your image by filing a false 498A case against you.
Hope it helps!
Regards
Minakshi Bindhani
