Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Soma (ta)     02 March 2011

Need help on false 498a

My brother was married to girl in Nov’ 2009.But she stayed with him and my family for only 15 days and left the in-laws house. Then she demanded for 15 lakh as compensation but at last come to a settlement of Rs 5 lakh. At the time settlement she and her family signed a deal has taken all her stridhan and the entire thing she had and will have no demand anymore also stated in that settlement that she was not having understanding with her husband hence she will leave if she is given Rs 5lakh The deal which we made was in a stamp paper but in that stamp paper it is not mentioned “before the notary public..”. After that my family filled a case for divorce. Once we filled the divorce case, they immediately filled a false case of 498a against my brother, my parent and also me and my husband for torturing her. Now we have got the bail. At the time of bail she had stated that things have got settled between us and now she is staying with us and hence withdrawing the cases though it is not a true fact. But for this getting this bail my father was forced by the girl’s family to give Rs 2.5 Lakh. After that they asked us to withdraw the divorce case that we had filled and the girl herself applied for a fresh mutual divorce case. Now the police have already given a charge sheet which we were not aware of. We came to know of this charge sheet from a source we had. We have been asked to be present before the court on 5th of May. But for what reason we don’t know. We are guessing that it could be for charge framing. We have got no summon/notice neither from court nor the police.

I need to know some points:

1.       Can me and my husband go for discharge petition/quashing in high court under section 482 as me and husband is staying  in a place which is under a different jurisdiction of my father’s place.

2.       The police without interrogating any of us issued the charge sheet. How is this possible?

3.       We had no idea that police had already issued a charge sheet but from a source we came to know that the charge sheet has been issued. So we had to pay money for getting the charge sheet copy that police had issued. Can we do something on this or this is procedure for getting the charge sheet form police?

4.       Can we get go for a quashing for my parents and by brother.

5.       Can we bring an extortion case on the girls’ family as they are forcing my father to give this ransom as by brother is not capable of giving so much of money?

6.       I and my husband have a plan for going abroad. Is it possible at this stage?



Learning

 2 Replies

Shailendra prasad singh (Lawyer)     02 March 2011

if u have above mentioned proof then it is a fit matter for quashing ur entire matter can be quashed. u may also file a complaint case against them.

if u need any further mail me at disputesolvers@gmail.com


Ajay Bansal (ABC)     30 March 2011

Since she has stated that the matter got settled among you, then that would have been written in the highcourt order and hence u can keep those orders with you for future reference. Read that order and make out whats written.

 

 

1.       Can me and my husband go for discharge petition/quashing in high court under section 482 as me and husband is staying  in a place which is under a different jurisdiction of my father’s place.

 

Were you married at the time the case was filed? neways what so ever be the case, you can go for discharge petition easily just contact a good lawyer in highcourt but you need to file the quash petition in the same high court under whose jurisdiction the case has been filed.

 

2.       The police without interrogating any of us issued the charge sheet. How is this possible?

 

Have you joined the investigation? If that is done already from your side then you can very well challenge the charge-sheet. At what point better talk to a lawyer.

 

3.       We had no idea that police had already issued a charge sheet but from a source we came to know that the charge sheet has been issued. So we had to pay money for getting the charge sheet copy that police had issued. Can we do something on this or this is procedure for getting the charge sheet form police?

 

you could have got the charge sheet copy when u wud appear in the court. But since u have already paid (paying for getting charge - sheet is not the procedure) and u have the charge-sheet you can note down the points to fight on and have the same raised when the charges would be discussed about in the court.

 

4.       Can we get go for a quashing for my parents and by brother.

 

since you already have the case in place you can go for quashing.

 

5.       Can we bring an extortion case on the girls’ family as they are forcing my father to give this ransom as by brother is not capable of giving so much of money?

 

I am not sure about it.

 

6.       I and my husband have a plan for going abroad. Is it possible at this stage?

You need to take a permission from the court and then go else wait for your quashing orders and then u r free.


Still I am not a lawyer better consult a good lawyer in this regards.

There are some procedures by which u can file the cases on girl based on her statements in court, signed settlement agreement, and her application in divorce case and dowry case, just check for major differences.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register