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riaz (manager)     17 December 2011

Counter cases for 498a

1.my first hearing done..chargesheet given..now what to do next to defend myslf

2. counter cases for 498a & when it should be done?



 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2011

After filing of chargesheet charge will be framed by the court. Next is stage will be the evidence of prosecution wittnesses.

If there is any wrong in the chargesheet then challenge it in the high court.  

There is no counter case for 498A

kvss.prabhakar rao (Advocate )     18 December 2011

 Dear one whne sec 498- A registred you have face trail and defend the case except no counter case is generated. Only whne your case ended with acquittal you can file case udner sec melicious prosesution as well as for defamation suit 

1 Like


Talk to a good lawyer, if the allegations in teh charge sheet and statements u/s 161 do not constitute and offence under section 498A, file an application u/s 239 CrPC for discharge. Discharge hardly happens.

If you are convinced, you can challenge 239 CrPC in the HC or file a quashing petition..ONLY IF YOU ARE CONVINCED THAT THE ALLEGATIONS DOES NOT CONSTITUTE AND OFFENCE U.S 498a.


After charge framing, the PWs will have to come for evidence.


If  in the evidences, if the case does not constitute an offence u.s 498A, you can be discharged.


You can file application u/s 340 Crpc (perjury) after the evidences are complete. Not Now.




Yes, I agree with Mr.Gautam's view.

Adv.Sagar Gharat (Proprietor)     19 December 2011

I too agree with Mr. Gautam..If u are convinced that u are innocent and that allegationas made against u do not stand any ground..I advice that You should prefer a Discharge Application before the court and try to get pre-trial acquittal in the form of a discharge...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Discharge only happens on legal grounds.


Join the local DIFF chapter to know whether any counter cases can be filed.





Shonee Kapoor


renant garcia (AGENT)     19 June 2013

Respected Sir,

i m from kolkata

498A,406 lodged against me on 6/5/13 and my ant. bail was 1st moved in court on 6/6/13

what are the probable reasons behind the delay in filing AB in dist. judges court?

i am now hiding out myself...bail was rejected due to non compliance of 406 should i get bail in next hearing? if no,then how many months would it normally take to get a bail?


498 A fighter (Advocate)     19 June 2013

you hide yourself till you get bail once you got bail the come infront and fight the case on merit.

kvss.prabhakar rao (Advocate )     20 June 2013

You another opportuity to get bail from Clacattta High Court, or surrender before the court having jurisdiction try the case. It is mater of two days you will get bai. then fight for justice.

shocked n surprised fellow (assistant manager)     31 October 2013

I got married this year only. Only after a month came to know that my wife had illicit relationship with a person. Now we ousted her from our family and since last 4 months she has been with her parents. I have sufficient proves to proof her adultery.I can also lodge case against that man based on evidences like call details, photos.

I want to know what are the options my estranged wife has and what should I do legally, as we are following it socially also to persuade her to divorce me.

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