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Krishna (na)     21 April 2012

False 498a evidence - quash

Dear Experts,

My younger brother wife filed false 498a case on our family members. We all are on regular bail and charge sheet filed. In her allegation made in FIR she had mention that her father had given 40tola gold and costly furniture which cost of 1lakh in marriage and rough estimate are submitted by Police with charge sheet. When my brother follow up with Sales Tax we had found that both these dealers are unregistered but they had made their statement before sales tax inspection post receipt of Summon from sales tax and they had given written admission that the Jewelery bills are just estimate and sale not done against these bills. Secondly the furniture shop owner given in writing that the bills not belong to his shop. But the name on the letter head belongs to his shop.

Moreover her father given statement to police that he had taken loan of 12lac from his sister's son who sold his agriculture land and pay money to his Uncle to perform her daughter marriage and this statement with sworn affidavit given to police. This affidavit and written statement also submit by police with charge sheet. When we investigate matter with our local relatives the observation was found that the peace of land was never sold and still its exist in the person name who claimed by giving affidavit that the land sold by him for her uncle daughter marriage and the amount given on returnable basis.

Thirdly her wife told to police that we had beaten her and she had serious injury and with the collision of police and doctors her medical was not done because of us then she went to another private hospital which is in another state and near her house and got treatment and informed to that state police. We got medical reports submit to police with charge sheet and found that in her statement that doctor asked her to get admitted but she denied and also when doctor asked for ultrasound she again denied and left the hospital after two three hour . On the very next day she got admitted in same hospital and police was informed by her father. When police went to hospital to record her statement she was not found in hospital and doctor given statement to police that patient is not in the hospital. But her statemnt later given to police that she left hospital because she was feeling well but later again she was not feeling well and admitted again. We got the discharge summary in which its clearly mention that NO SIGNIFICANT INJURY.

Pls let me know can we go to HC for quash petition. We also have other solid proofs which shows that our family wrongly booked in this false case.

 Reverts awaited..

Thanks..krishna..



Learning

 8 Replies

Krishna (na)     21 April 2012

Dear Experts,


Pls also let me know since charges yet not frame by lower court what all counter cases we can file. Moreover we are planning to file application for discharge in lower court...will it be a gud step. Our lawyer suggest to wait for counter cases till the time girl and other wittness statement recorded in the court..


Thanks..krishna..

manish (cdsdfasd sdf)     22 April 2012

let your wife put the same charges with the bills of furniture guy as well as the jewellery bill in the court. once its registered in court only then you can file perjury against her once you show the reality to the court..

Pray to GOd that your intelligent wife will put all of these forged things in the court and then see the fun.. Its hard time for you now but wait.. intezaar ka phal meetha hota hei..

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     22 April 2012

Dear Krishna,

  • Manupulation of the documents and evidences is a common feature everywhere.After going through the entire drama she enacted for medical tests,I feel you have a good defence on hand.If you can prove with evidence that the money obtained by your fatherinlaw was not true,according to his statement,that will be an added defence.The bogus receipts of the jewellary shop and the furniture shop will define the authenticity of her allegation.But as far as the quash of the case is concerned,let the case come on the floor of the court,then you can go for a quash.But when you go for a quash be sure to posses all valid evidences in your favour as the admission of the petition is very  important..
1 Like

rajiv_lodha (zz)     22 April 2012

Manish has advised rightly. Let the forgry hold its roots in court. Then blast them apart..............SO that she be TRAPPED IN PERJURY AT LEAST!

Krishna (na)     22 April 2012

Thank Rajiv,manish,sainath for your valuable advise.....just for my knowledge pls let me know the above incidents and facts do not attrach criminal conspiracy and cheating...m not a law expert but the question raise in my mind...pls enlighten.


Thanks..krishna..

harassedbyWife (ac)     16 May 2012

Friends, related to the thread ...

In my case girls father compleeled to take draft in our name which was a gift from them to their doughter and me..now they mentioned as string evidence of giving dowry in FIR.

Its something like they planned the game well before the marriage to use it in future since her doughter were had relationship with many guys inlcuding her Jija(currently staying with her Jija as Keep and filed 498a).

How to couter these allegations?

 

Thanks.

Bhagat

SAINATH DEVALLA (LEGAL CONSULTANT)     17 May 2012

Mr.Bhagat,post your query on a new thread,for further assistance from the experts.

Swapnil Popat Jagadale (PROPRIETOR)     12 December 2015

Hi Krishna ,,I know this is old thread ,,can I know what happened finally in your Cass,,coz same thing happened with me ,,or can I know ur contact number ,,mine is 9870664464

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