nishat (none) 12 March 2013

False 498a case

Dear All,

My brother is a disabled (short heighted 4'6" and very thin).So, my parents selected a very poor girl for him (in 2007 and till date not taken even Rs. 100 from her side).

After one year in 2008, she went to her parents but we still invited her and family in all functions (many marriages and other function ) and they attended all the functions. In 2009 they filed for mutual divorce but court asked the girl to go to our house and they both took the case back and started living in our house.

In Aug 2012 she went to her parents in early morning and we immediately informed the local police station about it ,and they called her and she replied that she is with her parents. After 4 day we filed RCR (restitution of conjugal right) in local court.

After two month she filed complaint petition 498A( in court but no FIR) with argument that her parents taken her in Aug 2012 in half dead condition and so she was not able to file complaint .She submitted a medical certificate with home treatment for two months ( swelling in body etc no hospital admission).

Now court is inquiring the case and recently issued the summon to us, my queries?-

1. If we go to court on all dates to prove everything wrong, can court still arrest us before completion of trial?

2. In her complaint petition she blamed that in 2009 , we forced her for divorce.

Truth is in first appearance itself court ask her to go home and after that there were 4-5 dates and none of them( husband or wife) attended the court. On last date of the court both said they wanted to live together and since the day court sent her to our home they were living happily .

So, can we file any complaint in court related to above allegation?

3 Should we move to high court for quashing or try to win case in lower court itself (as we are 100%

innocent)

Please clarify?

Reply Follow

3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 March 2013

When the case is going on in the lower court, you have to give proper reply through prepare a written statement to the Judge in the lower court. If you have not get justice to you, you can appeal to High court for appeal on the lower court judgement. During the trial only you can reply your version.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 March 2013

Dear Nishat

nO Need to worry, if it is complaint case and not a police case, you have right to file a discharge application before court u/s 245 of Crpc and give all you evidences with the application and argu the matter before the court.

245. When accused shall be discharged.

(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless. STATE AMENDMENT WEST BENGAL: In section 245, after sub-section (2), the following sub-section shall be inserted, namely:- "(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."

feel free to call

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com web: nadeemqureshi498a.webs.com

Mob: +91 9953809956

+91 8802305262

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 13 March 2013

dear

no need to worry. attend court positively. file reply to the allegation so levelled against you. your ground of mutual divorce is strong, empasise on that. no body is going to arrest you since its a compalint case.