Dear Querist,
False 498a cases are quite common within the society and tons of steps are taken by Hon’ble Apex court also to stop its misuse. One can quash the false allegations under 498a, when there are vague allegations within the FIR. A FIR may be a first document on which the entire investigation and chargesheet is predicated .
Here come two sections of the IPC to assist you, one is IPC 182 and 211 IPC. Sec. 182 prescribes a punishment for 6 months and fine just in case a person gives false information to a employee , on the idea of which the general public servant takes certain action which he won't have taken if he had known truth state of facts. On the opposite hand, u/s 211, there's an ono use of the term ‘public servant’. As per this provision, an individual who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is susceptible to face imprisonment for a period which can reach two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of seven years.
In the cases of 182 IPC during which the false information is given to police. Then therein case that policeman can write a complaint and forward it to a concerned senior officer. Who than forward a proper complaint to the court which than initiate proceedings under 182 IPC
In the cases of 211 wherein the case is already pending against the accused person in court. Then therein case the court during which trial was running an application under section 340 CrPC is filed then the court initiates further action under 211 IPC.
There are many judgments related to false complaints under sec. 498a where the woman tries to put false allegations on the husband and his family like Pranab Kumar Chakraborty vs Kumkum Chakraborty, Bhupinder Kumar Son Of Shri Desh ... vs Smt. Varsha Rani Wife Of Bhupinder.
Regards,
Palak
