I have been falsely accused in 498a & DV cases. In the DV case, the petitioner has submitted 2 false photographs claiming proof of physical violence and that the act was performed on the same day the 498a was registered. (just before the FIR was filed for 498a)
However, the 498a FIR has no such details supporting the DV case. Also, with the help of RTI, I acquired the medical certificate (taken at the time of FIR 498a) which clearly states that "both parties are physically fit". No discernable injuries have been mentioned in the report.
1) Is there a specific IPC code i can use to file a new petition in higher court that the party or party's counsel has committed "Fabrication of Evidence" offense or perjury in the DV case?
2) Can I use the medical certificate and FIR details against the DV case? - Will this be a slow process compared to the above option?
3) If the outcome of #2 is in my favor, can I use that in the 498a case and quash it?
It had been just 1 year of marriage before the FIR was filed. There are no kids and she is an earning member with considerably good income.
I would like to elaborate on the answer given by our learned lawyer Mr. Aarjun Vhajage.
Section 193 of IPC - Punishment for false evidence - This section will be applied for furnishing false evidence in court. The punishment under this section can be up to 7 years or fine or both.
Section 199 - A false statement made in declaration which is by law receivable as evidence.
Section 200 - Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Thank you for your response. Can any of these sections be applied in my case. The FIR for 498a is not under oath in front of Police right ?
The medical examination report (from 498a) however is a document that can be used to state that the petitioner has knowlingly filed false statements and fabricated evidence in DV case? can you please pm me your contact number
If you are not satisfied with obligation of experts, which is FREE OF COST, It is advisable to consult a local prudent lawyer with relevant records for analyses, professional guidance and necessary proceeding.
Sir, I was not sure about the functionality of this website. Hence did not know where to write query. As replied in the other Place 498a has reached hearing before charge stage. Bail is granted as of now. Thank you for mentioning 156 I will look further on this. I have all relevant documents to prove my innocence but the process is taking time and hampering my work to travel (passport renewal visa etc)