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Sharwanand   02 April 2018

Quash 498a in woman police station

Hi Sir, 

My brother wife filled 498A on my brother and my complete family  and demanded 2 crores but after investigation woman police station officer identiied that this case is false and they decided to close case.

but one of my lawyer said if local woman police station officer(DSP) close the case. My brother wife can goto highcourt and apply case again. Please confirm is it possible without proofs ?

As investigation officer submit the genuine report  and close the case. what is the possibility that she can file case againist our family again in high court?

 If yes , on what bases she will apply. 

She left my brother 7 years ago and she hold 6 yrs daughter. She did not came back from 7 yrs. Now she kept case on complete family for money. 

Before she kept case , Me and my brother went to there house and discussed  and said if you dont  want to come give divorce to my brother or atleast take 2 lakhs we dont money. she replied give me 2 crores or i will keep case on complete family. 

As we work in private sector we discussed like 7 laksh final they accepted they unknowlingly  took that video of us and blackmilaing us for money.

1 day we got a call from woman police station. But finally investigation officer confirmed as false case. 

Please confirm is there any possibility that she can raise case again on us. if yes , is that video can use as proof in Highcourt ?

 

 



Learning

 9 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 April 2018

If her facts are fake, absurd ,vague  then you don’t need to worry, technically you cannot stop any  from going to court but one thing which will remain the same is  court will consider , decide the on the merits of case. So you do need to worry.

P. Venu (Advocate)     02 April 2018

Your worries are quite unnecessary. Let the law take its course.

Sharwanand   02 April 2018

If yes, is it process start from station again. I mean again we have to apply Bail for complete family. ? one of the lawyer saying that if my brother wife goto court and open the case again with her proofs , DSP(investigation officer) will go and give his report. If the court trust the report as genuine then case close if not they will reopen again. Please suggest.

P. Venu (Advocate)     02 April 2018

In any crisis, it is inappropriate overrely on hearsay and speculations, but take one step at a time. Now that the police are investigating, let them do their duty. And trust that every public servant follows rule of law and performs his duty diligently.   

Sharwanand   02 April 2018

Yes sir, police closed the case. oponent lawyer came to us and said come for settlement or my bro wife goto high court again. If the case open again through high court with her false statements. What are the precautions should take and what is the percentage of chances of case reooen

P. Venu (Advocate)     02 April 2018

Obviously, they are trying to blackmail you. Law can help you on facts, not on speculations and imagined situations.

Sharwanand   02 April 2018

Sir , 1) If my brother wife show false proofs and if high court accept that proofs what could be the next situation ? 2) she kept case on complete family and it took 6 lakhs to get high court bail. Now if she use false proofs and open case. Complete family should apply for anticipatory again or existing bail will work 3) She and her family and her lawyer was blackmailing from day 1. Asking money and property by keeping case on complete family. If our law follows rules and perfect without proofs how woman police filed case on compete family ? In the present day world there are situations where innocent people are suffuring. 6 lakhs for bail not even dis a small mistake. She came on auto with 100 rupews kept case and left...bail police harass us for money its like 6lakhs my 1 year package. 4) my question is if she reopen it...what should be next move from my end. Please suggust. Because i lost hope on justice when police filled case aganist us wothout having 1 proof. Please suggust what is the procedure should i follow when high court reopen that false case. 5) when me and my brother went to her house ans asked to give divorce bcoz she is not joining my bro from last 7 yrs. She blackmailed and ask 25 lakhs for divorce. We are private employee cannot efford money. So we decided to give 7lakhs to my brother daughter as a fixed deposit. They shoot that video and blackmailing like you accepted dowry if i show this videi you and yohr family will be jailed. Is such videos will considered by courts. In video we just discussed about settlement not the false statement that she kept in fir. My doubt is she can use that video to open that case in high court ? If yes 498a and 307 sections are there in FIR. What are te precausions should my family take.? I met one of the retire police officer he said if its false case and closed by investigation officer...girl can appraoch high court to reopen it. But my doubt is court accept such kind of videos? How can court ask to reopen case on all complete family without any proofs other than that video.?

Sharwanand   02 April 2018

Case filed in nov 2017 investigation done till last week by investigation officer woman police station. She filled 498a and 307 on complete family and aunt. But investigation called us last week and said no proof submitted by girl and even after investigation what ever she raised were all false confirmed by officer. He said he will close case. But my lawyer given us warning she can goto high court and reopen. Its already 6 lakhs wasted for high court bail lawyers and police. Now if she goto court and try to reopen again. What are the safety precautions should v take. My lawyer said she had that video where we discussed about settlement to get divorce. But my brother have strong proof os sms from last 7 yrs. But lawyer said no mesaages will be consider as proofs in court. So we are reallt worried now. Is that settlement video court will consider and reopne case. In that video me and my brother are there. Case was filled on complete family 498a and 307 she influenced police and fillled fir without any proofs. Now please suggust

Sharwanand   02 April 2018

Case filled on local woman police station. My lawyer got bail from high court. Charge sheet not prepared because it is a false case.

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