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Rocky Smith (Instructor @ Calcutta (     31 May 2014

Fight against misuse of 498a ipc.

Fight Against Misuse of 498A IPC.
Dear Friends,
The misuse of IPC 498A is a very big problem in India. The misuse of IPC 498A has become a business of a lot of
a)     a) matrimonial dispute wives,
b)     b) corrupted police offices,
c)     c) corrupted lawyers and judges and
d)    d) Unscrupulous people.
Though the Honorable Supreme Court of India stated that the misuse of IPC 498A as “Legal Terrorism” but still the truth is, anyone can be the victim at any moment. After 498A, the next item is 125 CrPC and Domestic Violence to extort money.
Please note that until we completely defeat the opponent on 498A, we may not get any relief on 125 and DV. Conviction rate of IPC 498A is 2% only which is rarest of rare. It is also indicate the misuse of 498A is very much. If you have incurred in this then most of the lawyers would like to prolongate the process or try to make mutual settlement to extort your money. If you are paying money then you are virtually benefiting these wrong doers to continue their business. Please don’t do it.
 So friends, it is our duty to stop this wrong money extorting business.
Please Note: To file and move your own case, you need not to be an advocate. You can file and move your own case IN-PERSON also. To do this -
a)    a) you need to study little law,
b)    b) arrange sample petitions for drafting your case,
c)    c) Study your case,
d)    d) Arrange evidences as per Indian Evidence Act 1872.
e)    e) make rehearsal and
f)     f) Download and arrange citations of other judgments for same type of your case of HC and SC in support of your arguments and produce it before the court.
Please also note that to file and move your own case in-person in the High Court or Supreme Court is easier than Lower Courts.  In HC and SC cases gets disposed of within very short time, within 2/3 hearings and 2/3 weeks. Please arrange proper arguments with proper citations and evidences, prima-facies with proper rehearsal before appear in HC of SC. Please be brave and increase you will-power which will make you winner. If you know that you are innocent then nobody can defeat you.
There are two situations: -
1)    Before getting 498A: - Before you get the 498A you might predict that it might happen to you any time. You may get threats from your dispute wife and in-laws. If you get this then first of all, make your mind set like this - that you may spend one day in jail. Please don’t worry for this. But still you can avoid this. Your first job is to file NC (Non Cognizable) on both your and her local police station against her (your wife). Also make NC by your parents, brothers, sisters and senior most members of your family against your wife. Arrange Anticipatory Bail U/S 438 CrPC (Criminal Misslanious Case) for all of you family members in the Session Court or High Court. Please note that you can file anticipatory bail both BEFORE and AFTER registering the FIR of 498A. If you have AB then police can’t arrest you.
2)    After getting 498A: - After getting 498A and once you are in regular bail, your first job is to dispose of the false FIR of 498A IPC as early as possible. Please note that since it the business of some corrupted lawyer also, they will always try to make it delay and try to make you understand that you don’t have any option other than to make mutual divorce by giving lot of money. Please don’t listen to them.
a)  Please don’t file divorce of go for any mutual settlement until your 498A gets disposed of. Your advocate and others may try to make afraid you, but you must leave your fear and be brave.
b)  Please go to Criminal CRIMINAL REVISIONAL JURISDICTION of High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of Indian Constitution by preying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. It is similar to Writ Petition. Please note that speedy trial is your right and it is mandatory to file else 498A will go for life long. Please make STATE as opposite party.
c)     Make petition U/S 205 CrPC for exemption from personal appearance by showing your job condition in the same court where the 498A is going on. You will make your professional appearance through your lawyer.
d)    IPC 498A is as follows: -
 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
So, the definition of cruelty U/S 498A is quite clear.
Clause A) Cruelty, such a nature, which drive a wife to commit suicide or to cause grave injury or danger to life, limb or health. (Need Medical Report for this to prove).
Clause B) Harassment for unlawful demand (Dowry).
So, any other cruelty which does not falls under said Clause A & B (e.g. slapping, abusing or having extra marital affairs etc.) cannot be chargeable U/S 498A.
i)                   Please go through the complain and find out that the prima-facies indicates what type of cruelty? Whether it falls under aforesaid clauses or not. If not, please go to CRIMINAL REVISIONAL JURISDICTION of High Court and file Quashing with Speedy Tiral petition U/S 401 CrPC read with 482 CrPC and 483 CrPC and Article 227 of Indian Constitution and prey for quashing. If the judge still don’t grant quashing then prey for speedy trial. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgement.
ii)                 If you find that you have enough evidences to prove that 498A is false then go to CRIMINAL APPELLATE JURISDICTION of High Court and file Criminal Writ Under Article 227 of Indian Constitution, Indian Evidence Act 1872, Dowry Prohibition Act, CrPC 482, CrPC 483 and CrPC 311 and prey for Quashing, to declare that the FIR is false, to direct the Learned JM to take appropriate action against de facto complainant (Your Wife) in accordance with law. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgement.
iii)               If you have noticed that the investigation happen in such a way that the police is biased and did not follow the Dowry Prohibition Act properly and violated you fundamental rights as per Article 14, 15, 19 and 21 then got to CONSTITUTION JURISDICTION of High Court and file Civil Writ Petition under Article 226 read with Article 14, 15, 19 and 21 of Indian Constitution, Indian Evidence Act 1872, Dowry Prohibition Act, CrPC 482 and prey for quashing and to declare that the FIR is false and cost. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgement.
Please file these cases IN-PERSON. To file these cases you need certified copy of: -
a)     a) FIR
b)     b) Final Charge Sheet
c)     c) Seizure List
d)     d) All Orders.
e)     e) A Copy of Case Diary.
Perjury: - Perjury is a very important tool to fight against 498A, 125CrPC and DV. It can be file at any stage at the proceeding of 498A, 125 CrPC and DV as a counter case in the same courts where the 498A, 125CrPC and DV is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.
(Para 7 & 8)
If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.
Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Once you are completely out of 498A : - Then file for divorce. Make police complaint U/S 211, 182, 200, 190, and 193 of IPC against her. File both criminal and civil defamation cases.
Please be handsome, smart, good looking and look for a good unmarried girl and start leave-in relationship until you get divorce.
Some Other Important Citations: -
498A - Legal Terrorism
Writ Petition (civil) 141 of 2005 – Supreme Court of India.
498A - Defination of Cruelty
CRIMINAL APPEAL NO. 57 of 2002 – Supreme Court of India.
CRIMINAL APPEAL NO. 773 of 2003 – Supreme Court of India.
If you need any more information regarding the aforesaid tropic then please feel free to post. I shall answer.


 152 Replies

Gautam Kapoor (IT professional Studying Law)     31 May 2014

good post Mr. Bani.

2 Like


Looks good on paper but not so easy to implement.


Court cases goes on and on so no person can afford to attend dates and do job or work also.


And  for all these tactics and expert advocate is needed who has to be paid.





1 Like

Gautam Kapoor (IT professional Studying Law)     31 May 2014

so what is your kind suggestion/advise Mr.Trilok on/off paper?

Gautam Kapoor (IT professional Studying Law)     31 May 2014

and Mr.Trilok what parallels are you trying to draw/infer from this infamous murder case to 498 cases when the author is trying to suggest positive ways of fighting the false 498 mayhem.

I dont see parallels/rather refuse to,please can you further elaborate.

1 Like

sr.netizen (freelance)     01 June 2014

@ mr. bani is right in his way.

@ mr. Trilok is right in his way. bt if m not mistaken case of murder of mishraji is handled by govt. and moreover victim is no more. and fr such a prolonged delay, u knw better since u r lawyer.

whereas in 498-a case, victim himself is alive and try to escape frm it at any cost.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

Mr.Netizen either Mr.Bani or Mr.Trilok should be right both cannot be. The former adocates legal steps to counter the false 498 mayhem plaguing only in India... the later takes repose in the delay of the judicial system for meting out correct justice..probably suggesting a quick way to get out of this which could be either settlement or compromise.

Mr.Netizen,understand it it a free forum,but the suggestions should not follow suit albiet freelance.Also not sure if you are the 498 afflicted.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

and Mr.Senior the forum is not about who is dead or the living dead. The living dead’s life is more horrible than a dead person.

sr.netizen (freelance)     01 June 2014

@ gautam bhai,
i only say both r right in their own way.
the suggestion mr. bani gave and example mr. trilok gave, both r true.
abt. delay technique, sr. knws better thn me. .

abt FREE FORUM, as far as m concerned i m sure abt myself tht m not creator of this forum nor have any contribution in its creation. dont aware abt who is creator or contributor in its creation.


1 Like

sr.netizen (freelance)     01 June 2014

"and Mr.Senior the forum is not about who is dead or the living dead. The living dead’s life is more horrible than a dead person."

completely agree. living person has worry abt prolong delay thts why they make their best effort to get rid of it whereas for dead person, it makes no difference how many years case is carried.

ur answer is in ur statement.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

aap ko yeh justify karna padega... ki dono sahi kaise ho sakte hain...

Ek insaan lawyer hone ke bawjood ek post liktha hain ki 498 ek aisa kanoon hai jise se kisi ka koi bhala nahi ho raha.. aur uske wirodh mein ladne ki preyarna deta hain.... aur doosri aur koi ek rajnitik hatya se iski tulna karta hai.

betiyaan peedit hain ... yeh hum sab jaante hai  ...unko to koi rahat mil nahin raha... balki ap unko khatkhade mein khada kar rahe ho jo na hi dahej lete hain balki unke sakth khilaaf hain.. aap peeditho ki list dekhenge ... to unme techie,manager,SE,programmer,CA,NRI ...aur anginat log hain jinse paisa aata jaa sakta hain..

In list me koi majdoor,coolie,rickshawalla,autowalah aur gharib nahin hota...yeh aap bhi jante hain ki kyoon..

498 A fighter (Advocate)     01 June 2014

i am fighting for my case.

now on 18 june notice is served to wife side they are not coming since last there information given to them

sr.netizen (freelance)     01 June 2014

@ gautam bhai,
maine kayde ki acchhe bure ki baat nahi ki hai.
sirf itna hi kaha hai ki agar victim jinda hai to use jaldi se riha hone talap hoti hai aur jo iis duniyame nahi hai usko koi matlab hi nahi hai. mukadama chale ya na chale, dosit karar kiya jay ya na kiya jay.

498-a mai majority of  innocents are victimized  thn culprit thts why it is bad. it is unproven fact and no need to repeat.
otherwise for culprit, every law is bad.
mind u i say culprit and not innocent.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

Main aap ki baat nahin nakar rahan hoon .. said in good faith..

Mera ek hi point hai ki jab koi satya ki prakash bi bani (bayan) kar rahan hon aur masoomon ko ladneki preyarna de raha hon.. koi ek beech me tapakta hai aur ek dookdhari  political muder  ko iske saath jodne ki nakaam koshish karte huye ....yeh darshyane ki koshish karta hain ki Indian judicial system is delayed ... so better compromise... aur shayad is dariye ko madhiye najar rakthe huye ... covertly/indirectly yeh kehene ki nakaam koshish karta hain ki 498 is bettered compromised... jo acceptable nahin hain...

Mera ek hi darkast(urdu)/vinnati (hindi) un tamam/sab 498 sufferers se ki woh apna case himmat se laden..koi bhay ki karan nahi  hain.. DER HAIN ANDHER NAHIN... HIMMATE MARDAN...MARDANE KHUDA..agar aap nahin ladoge to naye peedhi mein maa ek mard/ladke ko janam  dene me daregi...Maan sochegi ...beta huya hain.esko main padoongi ..leekhaoongii...apne khoon se seechoongi...aur isko doctor/engineer/SE/technocrat banoongi...aur meri invalid/false 498 bahu aayegi aur sab lene ki koshish mein 498 darj  karegi..

Kanan (IT)     02 June 2014

well said Gautam Ji

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