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karthik   28 October 2015

How to move to speedy trail for 498a

Dear Sir,

I am Victim of false 498A case. Now the police filed Chargesheet in the Court. This 498a case filed in my wife home town. Now we got information from some of known persons in her home town that, When we are coming n going to court for appearence of 498a, They plan to do harm to me and also to my family. 

Even if i put transfer petition the other side party surely won't allow to transfer. Could you pleae tell me what should i do in this case?  and also my lawyer also not reliable (Bacause they are influencing him also) , he keeps telling that go for settlement by paying huge money, which is not possible?

Can i move to my District Court for speedy trail?? What is the procedure of Speedy Trail? Can i file a petition in her home town (JFCM Court) that we have life threat from that lady side people? Please advise sir, I Can prove that i am innocent?  But they will make sure that i will not attend court?  Police in her home town also will not help us, Since they are highly politically Influencing people? 

Kindly Advice on this matter sir? 



 7 Replies

Neo   28 October 2015

If she was living with u then lodge a FIR in local thana of 420 or faujdari with consult of Lawer .....file a discharge petition under crpc 239 with full evidences at her local court when Lawer is not reliable change him n keep changing at certain interval because such kind of racket buy the Lawer...keep two Lawer and never let them mingle

kunal   29 October 2015


kunal   29 October 2015

What after 498a Chargesheet is filed

What after chargesheet (final report) by police ?

Chargesheet is filed u/s.238 Cr.P.C.

Immediately accused have an opportunity to challenge the 

chargesheet in

from of submitting 'Discharge Application' u/s.239 Cr.P.C.

This opportunity if lost, has no side effect whatsoever.

However 'Revision' lies at Session Court u/s.397 Cr.P.C.

Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for

'quesh' u/s. 482 Cr.P.C.

Even if apeal is lost, remedy lies with Supreme Court under 

Article 32 of

Constitution. Even if all these opportunities are lost, there is 


no side effect whatsoever of these remedies.


'Discharge Application' has

very limited area to play. You have to prepare your 'Discharge 


on the basis of :-

1] Only all the documents accused received with chargesheet ; 


2] Any document which police have in their possession [may be 

submitted by

accused at the time of bail application at court or made some 


to police attaching some documents] but not submitted with 

chargesheet to

make case of accused weak and case of 

complainant/prosecution strong.

Accused simply cannot rely upon any other document or 

evidence for

'Discharge Application'. Then when other evidence will help ? 

Answer is in


As soon as Chargesheet is filed and accused decide to file 


Application' then he has to follow the following steps :

1] Make application as advised above. You have to state 

'Grounds' for

discharge and show that no 'prima facie' case is made out.

2] This application need not be submitted on the date given for 

498A case.

It can be submitted on any day. Some courts have their own 

methods for

handling it. In some court, a 'MISC' (miscellaneous) case 

number is given

and heard separately with separate set of hearing dates. In some 

court, it

is heard under the same number of chargesheet case (Criminal 

Case : C.C.

No.). But under any method, the main 498A case is stopped till 


Application' is not disposed off.

3] One copy of 'Discharge Application' is given to PP in court at 

the time

of filing original application for discharge in court. Court writes 


on discharge application - 'PP to say'.

4] Now PP has to submit his say and he makes all drama of not 


Here accused can submit 'Pursis' to court on each and every 

date about 'PP'

not submitting his/her say. Accused can make application to 

court that 'PP'

has nothing to say and therefore not submitting his/her say and 


proceeding may please be continued without his/her say. 

Accused should not

care for outcome of these exercise, but continuous pressure 

should be built

on PP to give his/her say. Please note, without his/her say, 

matter will

not move at all and therefore it is very essential to build a 


pressure which normally advocates don't do.

5] After PP's say, accused has to make arguments. Accused can 


'written argument' (with a copy to PP) and also make oral 

submission, both.

6] Then PP has to make his/her argument. Again he may ask for 


for his/her argument and accused has to repeat pressure 

building tactics.

Unless PP makes argument, matter will not proceed further. But 

498A will

remain in abeyance (on hold).

7] Then proceeding is completed. Magistrate gives order on 


application - either acquittal OR dismissal of application.

8] Hereafter accused may choose either to go to 'Revision' or 

forget going

ahead. Then charges are framed u/s.240 Cr.P.C. which accused 

shall contest

fighting that how charges are not applicable. But no advocate 

fight for

this. So in this manner accused get 2 opportunities. But due to 

this, trial

is delayed.

9] In my opinion, trial is the BEST way if accused have no good 

evidence in

charge-sheet or with police which is held back by them.

If 'Informant' has no proof for any allegation, then mere denial 

by accused

to accusations, gives acquittal due to 'benefit of doubt'.

kunal   29 October 2015

Fight Against Misuse of 498A IPC.
Dear Karthik,
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-powerwhich 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 bothBEFORE 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 Tiralpetition 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 makeSTATE 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.
1 Like

karthik   29 October 2015

Kunal Sir, Thank You for your reply.

Sir Kindly Advise on below issue?

Police keeps calling and talking in abusing words, Asking to come to my wife home town and settle the matter in front of police? How Can Police involve/Settle the  matter in the police station, If the issues are running in the Court. Please advise what actions can i take on police, If they keep abusing with Volgure words on me and my family? We are in very much frustrated sir....Please advise on this matter?



If you dont want to be harrased like this, better pay them money and take MCD.  Or else ghoda he maidan he.  Good luck.

kunal   30 October 2015


Gyan prakash has advised well. Please follow. Police cannot harass you like this. Its a duty of police to protect everybody and they cannot abuse you and your family. Agar likhna padna jante ho to police wale tumhare ghar aake tumhe namaste karenge.

Next time ,if they call you.... Record the conversation and each word of police and file an FIR against that police or simple mail to all Headquaters with the attachnment enclosed of the audio recording and send RTI to Ministry whethert police cannot abuse or not.  Fir dekho kaise bhage bhage aata hai police wala tumhare ghar aur aake tyumhare haanth paaoo jodtha hai. 


Abi tak mein apne case mein 1 SHO , 2 CONSTABLE AND 1 DCP ko suspend karwa chika hun..

Daru mat bhai ... darna mana hai iss matrimonail case mein aur haan give MCD and get apart happily .


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