Please advice, false 498a on me

Once again, Thanks a lot Mr. Srinivas for clarifying the doubts!

One more thing that I just heard from a friend of mine...

Can you please clarify the difference between Cr.P.C. 239 and 482? I know & read about the definition of the two and the fact that 239 is in the same court while 482 is in the HC, but not very clear in what circumstances can we use either in case of a false 498a! Moreover, any idea about the practical rate of success in both these cases?

Hello there

It seems you have done through research with
regard to you case. What you have understood is correct a petition
under Section 239 can be filed in the trial court i.e., the Magistrate
Court in your case. But you can file that petition after receipt of
chargesheet and before preliminary examination. Wheare as Section 482
describes the inherent powers of the High COurt and according to that
section you can file a petition to quash the proceedings against you in
the magistrate court., but this petition should be filed before
commencement of trail. Once the trail is open the high court will not
intefer. you can file a petitions under these both sections even in
case of  498A.  To be practical about the success rates
let me tell you that the court will not discharge A-1, which is usuall
y the husband that easily, but you can try for discharge of other
accused such as your parents, bothers and sisters in case they are also
arrayed as accused in this present case.  Hope i have
clariied  your doubts. Keep in touch.

By the by visit  www.498a.org,
where you can find all acquital judgments and recent findings
exclusively  with regard to 498A cases

it seems your basic premise is wrong as in cases of 498a the burden of proof in upon the prosecution unlike cases of dowry death or suicide within 7 years of marriage where onus is on the accused to prove his innocence

Srinivas,  Though I know it, your efforts of educating the people here in this forum is commendable.

The other person I found was YedhuPrakash from Chennai who is very helpful in clearing doubts.

Keep it up.

 

keep it up.

keep it up.

Thank you Mr. Vakil 123 for your nice gesture but please correct me
if  i have give a wrong advice or otherwise. I have read the
suggestions of Sri. YedhuPrakash  garu also he is a real
genious.  After all i am having a palrty standing of seven
years that too in district courts. But any how i am happy  that
you liked my work. I will try to keepup my work .

Thank you Mr. Vakil 123 for your nice gesture but please correct me
if i have give a wrong advice or otherwise. I have read the
suggestions of Sri. YedhuPrakash garu also he is a real
genious. After all i am having a palrty standing of seven
years that too in district courts. But any how i am happy that
you liked my work. I will try to keepup my work .

in ur case as you have written that charge sheet has been filed which is not known to u U think that the charges  are false and fabricated . first get the certified copy of ur chargesheet and then u can either file a revision or quashing .my experience tells me that normally in these cases quashing is rarely entertained. u can also file discharge petition at time of framing of charge by the honble court

why can't  you file petition under section 482 crpc to the high court.

why can't  you file petition under section 482 crpc to the high court.

I can surely file a 482 in the HC, but then dropped the idea.

I've now decided to give it a fair fight and to expose the ill intentions of the in-laws in brainwashing my wife and telling all sorts of lies to influence the court in filing a false case against us.

My father-in-law has recently threatened again of filing more false cases against me and even possibly harm me when I arrive in their city.

Dear All,

The following appeared in "Times of India" Mumbai edition dated 27-06-2008, page 14.

This shows the essentiality of 498A.

Please provide your opinion and suggestions.

Keep Smiling ... Hemant Agarwal

Dowry abuse & divorce in a single day

New Delhi: In a bizarre incident, a woman (18), got married on Wednesday morning, was harassed for dowry throughout the day and was divorced by her husband (22), the same night in Seelampur area of north east Delhi.

   The victim alleged that her husband and his parents had been harassing her and her parents for dowry ever since the talk of their marriage begun. “My father did his best to satisfy them, but they refused to be considerate,’’ said the bride.

   According to her, on Wednesday, her in-laws asked her father to fulfil their demands before the day end or there wouldn’t be any marriage. “My father convinced them to allow the marriage, guaranteeing all the money they had asked for, before the day ends. After I got married, my in-laws persisted I should get the money immediately. My father broke down when I asked him about it as he needed some time to arrange the amount. My in-laws did not listen and my husband divorced me according to Muslim marriage laws,’’ the woman said. According to police, the bride’s parents filed a complaint with the Seelampur police station. TNN

 

Did you say 'Essentiality' ?

How does this news item warrant the truth in the first place? Just because one of the most 'spice crazy' news paper published that the in-laws harassed the bride's family for dowry, doesn't mean that is what has happened. The fact is ANY kind of a row between the two families connected by marriage, is by default termed a dowry harassment, due to this 'legal terrorism' law called 498a.

Almost everyday these bogus reporters pickup such spicy news from the police stations and print it in such a way as if the accused is also proven guilty under law. But the reality is that in 99% of such cases, the police would not have even started the investigation... How can these media people make anyone a guilty before trial?

And its the problem with spineless people like you, who believe in every xyz thing said by the media without giving it a 2nd thought, that the famous misnomer is publicised that women in India is tortured even today!

Its high time the society wakes up to the truth and see the lies propagated by the radical feminists (with aid from USAID and UNIFEM) with the help of their sponsored media and 'ignorant' people like you!