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(Guest)

False fir registred - 498a, 323, 506,504...etc

Dear Sir,

After 4.9 year my wife register the FIR against me and my mother father and one unmarried sister. in the FIR they mentioned the date where I and my sister has beaten them in her house(jhansi)....in fact i was away from the incident place and on govt job while my sister where in delhi for examination.

 

Report is registered by police without preliminarily investigation. Currently my lawyer is planning to get the all family member .

 

What is the best approach to pursue further.

 

 



Learning

 10 Replies

Saurabh..V (Law Consultant)     19 September 2013

@Author

 

As in your case you have taken the "plea of alibi", you would be required to prove it in the court of law. In my view, when you have a clear proof which shows per se that you and your sister were not at the alleged place of crime, then you may even move an application before High Court with a quash petition under S.482CrPC.

 

However, your advocate has taken the right decision to first get Anticipatory Bail for all of you. Once your Anticipatory Bail is granted, then you should file for a quash petition.

 

All the best!

 

//peace

/Saurabh..V

Sarvesh Kumar Sharma Advocate (Advocacy)     19 September 2013

go to the highcourt and file 482 cr.p.c. !

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2013

If the case is registered in Jhansi, the first thing you have to do is to seek stay on arrest for all family members and then get bail for all of you.

 

Thereafter, you should wait for the Chargesheet to be filed, let her commit again and again on the said date, so that she does not change the date as a clerical error.

 

And at that stage, if all other things are in your favor and this is the solitary incident, you may go for qaushing, otherwise the plea of alibi can be taken at trial.

 

Please remember, Plea of Alibi is a matter of evidence and not sufficient for quashing the case.

 

 

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

ABDUL RAZIQUE (Advocate)     20 September 2013

I agree with shonee Kapoor regarding the question of Anshu Ud. There is no any other proper way of this matter.


(Guest)

This is the judgement we have got from Allahabad high court and my father/mother/sister had already got the bail from lower  court jhansi.

May you please suggest what would be right approach to move further. we came to knew that she has preapred the false medical injury certificate for regular interval to trap me in this false case. Please Guide me .....Thanks in advance for reply and valuable time.

Heard learned counsel for the petitioners, Sri Lal Mishra, learned counsel for the respondent no.3 and learned A.G.A. for the State. It is submitted by learned counsel for both the parties that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. Both the parties have agreed to settle their dispute before the mediation centre. It is directed that petitioners shall deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Centre out of which Rs. 18,000/- shall be paid to the opposite party no. 3 for appearance before the Mediation Centre. The remaining amount shall go to mediation centre towards the expenses of mediation. Both the parties are directed to appear before the mediation centre on� 24.10.2013.� The matter is remitted to the Mediation Centre with the direction that it shall decide the matter expeditiously. Thereafter the case shall be listed before appropriate Bench in the week commencing 20.1. 2014. Till the next date of listing, arrest of the petitioners in pursuance of the F.I.R. registered in Case Crime No. 329 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of D.P. Act, Police Station Prem Nagar, District Jhansi shall remain stayed. In the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above to the petitioners shall automatically be vacated. Order Date :- 3.10.2013 MN/-

Girish (Senior Manager Operations)     04 October 2013

Do you have any phone call recordings of threatening of 498a? (Section 504, 506, 507 - All NC )

Did your Wife or in-laws visit your house & abused anyone from your family? (Section 452 , 323-NC)

Did your wife or in-laws demand any money from you? Do you have records of that? (Section 384)

Talk to your lawyer. Disclose all the facts. ALL THE BEST!

Ganesha Nam (SE)     16 October 2013

Hi Girish, if the calls are present and if still 498a is filed, what would be the next steps?

If there are threatening calls or emails can the 498a be quashed or should we go through trial?

Please advise.

 

Im from Karnataka

Girish (Senior Manager Operations)     17 October 2013

Your wife has filed a false 498a against you. What are you waiting for? 1) Your mother should file a DV case against the Male members from your wife's family. They came to your home & used abusive language & passed threats to your family for grave injuries. House Trespassing & Abuse 452 (Non Bailable) 2) Create supportive neighbours withness 3) File NC against your wife & in-laws for every incident of threatening under IPC 504, 506 & 507. 3) If your wife / in-laws demanded money & your gave some money & have records to prove then file a case of Money Extortion 384 (Non-bailable).

Once you will file all these cases against her she will come for compromise. Don't compromise early. Drag her & in-laws for 3-4 months. Then agree on mutual divorce. Both sides will withdraw the cases & you will be a free bird.

Keep in mind! To kill Bhishma even Lord Krishnna put Shrikhandi in front. Lord Shri Rama killed Vali by hiding behind trees/rocks.

ALL THE BEST!

Girish (Senior Manager Operations)     17 October 2013

IMP - If you are not guilty then you need not worry at all. Going through Trial is as good as giving an examination. Fight your case with facts & merits. If your lawyer is not capable you should be ready to plead on your own. Read & Earn more knowledge.

Ganesha Nam (SE)     17 October 2013

Thank you for the inputs. Yes im going through blogs, articles and understanding/ learning law pertaining to 498a.


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