Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

GopalReddy (Parson)     06 October 2012

False 498a,506 and 149 cases

Hi Experts,

 

False 498a,506 and 149 cases has been put up on our family. My brother wife has put up those cases against complete family (Parents, Sisters and Brothers). My brother lives in US and he was married her 6 years back (in 2007). He has arranged for her studies in Bangalore (during that year she stayed in one of my sister`s house). However she has failed in her exam and left to her native and then never returned.

 

We had few discussions with them in these years, in those discussions we came to know that they want huge sum or half of my brother`s property, but my brother is not ready to give them. Now (after 498A) they are asking a huge sum for the settlement which is very difficult for us (who are in India).

 

During those discussions they have threatened us 498a case however we took lite as we never took any dowry from them and she never stayed in my native or with other 4 sisters. To be safer side we have put a police compliant on them in 2010 after they blackmailed 498A  (the sub of that is: call her to our native and ask her to stay in our native with my parents till my brother returns from US (no FIR has been filed so far on that by police)).  But that never happened and police also never cared about that compliant.

 

After six years of their marriage and 5 years of her staying in her native, now false 498a,506 and 149 cases on our family. FIR has been filed without our knowledge.

 

The fact is, we never tortured/harassed her and never took any dowry from them and

We all stay separately and live independently, but they have given our address of stay is our native in the FIR and included all of us as accused.

 

We have applied for AB to all, other than my brother (who lives in US).

Family is completely scared on police arrivals to Villages and there torture. Sleepless nights are going on for my parents (aged over 70 years)….

 

I request you to help me to understand these cases better, to fight the case as my brother is not in India and we can expect least help from him.

 

  1. As said above, we have applied for AB, are there any chances of not getting the AB?
  2. Is it possible to stop police coming to our Villages (Girl side people are very powerful)
  3. Is there any chance that my job (software engg) will affect due to the case on family? 

 

Thanks in advance.

Regards, Gopal

                                                                                                                                                                                                   



Learning

 13 Replies

A.SUMATHY 9380902017 (LAWYER)     06 October 2012

file ab petition before high court, and face the case.

it will not effect your job. don''t worry.

1 Like

GopalReddy (Parson)     06 October 2012

Hello Madam,

Thanks a lot for clarifying and advising.

As AB petition has been filed in the Court of Session and waiting to progress.

Can we file the same in HC too or should wait till the outcome of that petition?

How long will take to get AB?

Regards,

Gopal

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 October 2012

Dear Querist,

 

In all probability you'd get the anticipatory bail. It is granted very liberally in dowry cases these days. However a concrete opinion is subject to a perusal of the FIR. 

 

Good Luck !


Bharat Chugh (Supreme Court of India)

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 October 2012

Dear Querist,

 

In all probability you'd get the anticipatory bail. It is granted very liberally in dowry cases these days. However a concrete opinion is subject to a perusal of the FIR. 

 

for more on how to protect yourself read : bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Good Luck !


Bharat Chugh (Supreme Court of India)

1 Like

GopalReddy (Parson)     06 October 2012

Thanks a lot Sir.

We got to know about the FIR. I believe our family will get the AB.

 

Regards,

Gopal

Abhishek Das (Corporate Sales manager)     06 October 2012

Dear Experts

 

In my case it is the same but they have not filled 498 a but have filled a strong case against me stating she was tourchred and was made to work when she was ill. Other than this we never had any physical relation but i am accused that i am impotent and so she has requested the court to ad hoc the marriage under sec 12. previous to this she had planned all this to get divorce and compensation from us to stay with her bf which was informed to me by her frenzs in balck and white. now when we have got to know she and her family has filled this case against me. So can this case be proved 420 from her end. As the allegations put by her are all false. does the court give orders for geting the blue prints or the transcriptts of the ph call she made to her bf as we are in full confidence that she had planned something big but has got foiled as i came to know everything before hand. So please advice and will she get any punishment by judiciary for the same if this a case of 420 .

 

A.SUMATHY 9380902017 (LAWYER)     07 October 2012

We can file ab petition directly High court. Now a days High court attend the 498A very liberly.

GopalReddy (Parson)     20 October 2012

Dear Experts, 

We have been granted the conditional AB. However some of the points are not understandable to me. Can you please help me on that? 

1. In the event of arrest, ordered to be enlarged on bail on there executing personal bond for  Rs. 50000 with a surety.

    Does that mean in case of arrest, we are entitled for bail? So we don’t need to go for general bail again now?

2 Petitioners shall surrender before I.O within 15 days from today and co-operate for investigation, interrogation, and recovery if any

Does that mean the complete family need to surrender to police with in 15 days? or few of the family can go to police and explain the complete story with proofs and facts.

Regards,

Gopal

GopalReddy (Parson)     22 October 2012

Hi Experts,

 

Though we had AB, Police went to my village; relatives of her family went to my village along with police and abused my father/mother like any thing in front of all the village people. . My parents are under serious depression as we lost the value in the village. My second brother is thinking of leaving the village. They did goonda giri on my father and mother, who are aged about 70 years and my brother (who married her) is in USA and he least bothered about our family.

 I have to help my parents, please advise me what I can do to to  teach a lesson to such goons ?

 

Regards, Gopal.

Sudhir Kumar, Advocate (Advocate)     25 October 2012

Forget about teaching lesson atpresent try to get out of the mess.

 

Your questions :-

 

  1. As said above, we have applied for AB, are there any chances of not getting the AB?

                                          Yes

 

  1. Is it possible to stop police coming to our Villages (Girl side people are very powerful)

 

                                          No

 

  1. Is there any chance that my job (software engg) will affect due to the case on family? 

 

                                           Yes

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

first get free from charges on you.

GopalReddy (Parson)     27 October 2012

Hi Sir,

They did not mention any specific charges against me (as we never did any thing to her) they kept as “we/family helped my brother to harass her”.

Their complaint looks like a standard template used for this kind of cases (that are the words from legal adviser) and just names have been changed and implicated all family members.

They (Girl side) want settlement, they are discussing with middlemen for 25 lakhs. My parents are aged about 70+ years; we are wondering what to do in this kind of situation (Keeping society in mind).

We have consulted 3 legal advisers; two of them suggested to go for court as they do not have any evidence/false case and it is utterly wrong doing for money extraction and suggested to put a counter case of Dowry Prohibition Act as they have mentioned in FIR that; they gave a dowry (which is not true).

Other adviser and known people are suggesting us to settle the case as my parents are old.

However I am thinking of fighting the case, family/society knows it’s a false case.

Please suggest.

 

 

Regards, Gopal

surjit singh (Assistant)     27 October 2012

Have a look at the recent supreme Court Judgment on 498A, directing the police not to harass the family members when there is no direct prima facie evidnece, it has also directed the lower judiciary to act catiously in such case. It is best judgemnet ever made in favour of victim of 498A case.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query