procedure for IPC 211


Respected Members,

My wife lodged false 498A IPC case 1 year back. no chargesheet till now. but I've her confession that she lodged it with the advice of her parents. Also I've documentary evidence that can prove the allegations are false.

Now can I take against her u/s 211 IPC. if yes then what should be the procedure?
 
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It's a strong ground for proceeding under Section 211 of The Indian Penal Code.

Procedure?

There're two procedures.

One: Inform the police.   Afterwards it'll be their lookout.

Two: File, either in person or through an Advocate, a Complaint under Section 200 of The Criminal Procedure Code mentioning Section 211 of The Indian Penal Code.    This's popularly known as Private Complaint, a phrase not found in The Criminal Procedure Code.

The phrase Anticipatory Bail is, by the by, also known popularly and also not found in The Criminal Procedure Code.

But remember, a case is rarely won on merits.

 
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Retired employee.

First, prepare for defense and come out free from 498 and do not go for ego problems for the present.  Contact a local advocate, discuss with him the issues, and he can certainly show the correct way to come out of the muddle. Focus only on remedy at this point of time and peace of mind without revengeful attitude, as you will be killing more yourself in this exercise.

 
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The principle that the best defence is offence may, of course, not work always.

But I wrote in defence of an offensive approach because, when the Questioner is unable to win 498 case or is short of money to fight the case, my suggestion would admirably suit him.

She perhaps has a plus but surely has a minus which, in all probability, will, by out-of-court settlement,  make her withdraw her case.

 
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Retired employee.

Members can only give suggestions depending on their knowledge or experience  - and the final decision is left to the queriest - ultimately queriest  has to apply his mind and in his own interest discuss pros and cons.before implementing the guidance given in the forum.   Whatever members may suggest is not VEDA,  Perceptions may differ.  Let the queriest decide what is best and useful to him.


Total likes : 1 times

 
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First get the judgment in your pending matter and if that comes in your favor then go for the legal action against your wife.
 
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For more information contact us on 9999121211, or email us on info.lawjunction@gmail.com. .

Rupin Singh Dhama
Law Junction
 
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Advocate

The facts posted suggest no cause for action, civil or criminal.

 
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