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Fighting_Back (AM)     18 September 2014

How to proceed if wife files 498a complaint again



I am a victim of 498a..Although i managed to get out with Final Report in my favour 2 times.

In between i filed RCR and she filed maintenance case (125 CrPC).

She didnt went to court after the 498a failures around 6 months over.

My doubts are:::

*** Whether can she still file complaint against me although we never been in domestic relation ???

*** Is it compulsury for police official to register complaint if it thru court ?

** Can she ulter complaint as in previous complaint i was able to prove that i was present somewhere else on the date and time of the incident mentioned in the complaint as she didnt mntioned anything about the incident in her next complaint.

** What if police didnt register her complaint based on last 3 failure and considering no domestic relationship also the gap between complaints ?

**Will lower court accept if no FIR is registered this time also ? And what options are left to the lady if she fails here also.

*** Shall i straight away try quashing FIR if at all it is registered ?

*** She has mentioned that her family members have spent 25 lakhs on our marriage in 125 CrPC. Shall i ask for the details of the expances, who all contributed, money exchange mode, list of streedhan, receipts... etc here itself thru 91 CrPC or shall i wait till she files 498a complaint again.

**Do i have any option to put them on backfoot as of now considering three B-Reports.


Please share 91 CrPC sample


 4 Replies

rebellion (fighting against bias law)     18 September 2014

vinod kumar srivastav (B.L)     20 September 2014

no complaint  is file again, you prefer to appeal only. if she join the company of husband then file the complaint again  under section 498 A IPC 

Ashok, Advocate (Lawyer at Delhi)     20 September 2014

No one can stop a person from filing a fresh complaint if a fresh cause of action has arisen. If a complaint alleging commission of a cognizable offence is given to the police, they are supposed to register the FIR mandatorily. Whether the complaint is true or false will depend upon the result of the investigation (as it happened twice in your case when the final report of investigation disclosed false cases).



However, you can also challenge the third case at the initial stage by showing the result of the earlier two cases (i.e., false cases – B report) and also by showing that you did not have any matrimonial relations with her for long and that you are staying separately for long.

Fighting_Back (AM)     22 September 2014

Thank you sir...

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