498a false dowry harassment


 

Hi,
 
I am Ganesh from Andhra Pradesh. From the past one year, my relationship with my wife got strained. Now, I have been stuck in a FALSE dowry harrassment case under section 498A & 506 filed against me by my wife last week. She included myself & my parents also in the FIR.  She claimed in the FIR  that we took 25 Lakhs as DOWRY.  But, we didn't take a single penny as DOWRY from their side. So, Can someone clarify me the following doubts:

1. When I searched about IPC 498A section, I have read some articles saying that the accused cannot be arrested under this section as this section is being misused by many people now a days for retaliation even for petty reasons and the police have to do preliminary investigation and should take DSP permission to arrest the accused. How far it is true? 
 
Is it really necessary to get an Anticipatory Bail for all our family members?
 
2. Recently I heard in one such case, the Supreme court of India  gave a verdict punishing the one who lodged a complaint under 498A for making false dowry claims in the FIR. Can someone give us more information about that case so that it will be really helpful for me to request a similar thing here also.
 
Any suggestions from the forum are welcome.
 
Regards
Ganesh.
 
Reply   
 
ADVOCATE

Dear Ganesh,

1. Prior permission of DSP is not required.  You had better move an anticipatory bail for all of you.

2.search on   indiankannon.org

 
Reply   
 


Works In Judicial Department

It is better, you along with your parent apply for anticipatory bail before the concerend Sessions Court or High Court of AP . In general courts grant anticipatory bail to parents/relatives of the husband. Unless the husband shows, reasoanble grounds ANTICIPATORY, bail may not granted to him by the Court. Consult a expert criminal advocate and file anticipatory bail petition. At the intial stage court's cannot go into the merits to decide whether the complaint is false/vexatious.

 

Kranthi Kiran,Judl. Dept, B.SC, LL.B, PGD-MISCA, Ph:9490127914

 
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pls check ur pm dear. Dont worry we all r in the same boat!!

 
Reply   
 

As per my knowledge, in Andhra Pradesh, unless there is approval from DCP arrests cannot be made. But the cops ignore this as most people are unaware of this rule and are unfortunately exploited. Also, better you find a good advocate who can strongly present your case and obtain anticip bail immediately. Unless there is some documented or tangible evidence that goes against you, bail should be granted.

 
Reply   
 
learning

yes its true police generally arrests the person as the many of them didnot know law. my brother was also arrested by police after my sister-in-law had lodged a false case of dowry at the local police station. dnt wry jst apply of anticipatory bail for ur family memebers and aslo for urself showing valid grounds. bst of luck take care
 
Reply   
 

Thanks for the replies folks. Apparently, our Anticipatory Bail petition got rejected on the grounds that the case is still under Investigation and they could not find any tangible evidence to prove that it's a false 498A case. Still, no arrest happened for any of us.

So, What should be my next step? Can I apply for Quashing 498A in the High Court of A.P without any Anticipatory Bail. 

Ganesh


 
Reply   
 

you apply for AB in High court, now since their is Vacation time, the high court functions 2 days a week, else you have to file after june 5th .

regarding the Quashing of the FIR, you can think after u get the AB , also go through the FIR complaint copy, make a  list of all the allegiations she has made against u and u r family members, absed on the sevierity of the allegiations you can take a call for going for Quash.

you can contact me on 9663743468 for any more clarifications, as even i am fighting my 498a in AP

 
Reply   
 

Hi Folks,

As per the advise given in this forum & from our laywers, we applied for AB in the high court of AP two weeks back  and we got the AB only for my parents and not for me as I am the husband. Can someone tell me what should I do next from my side? Shall I apply for AB for myself or shall I surrender to the police now?

Ganesh 

 
Reply   
 

Ganesh,


Avoid being arrested as far as possible. Try to make yourself untraceable for sometime until greater clarity comes out. Do hire a very good criminal lawyer. Also, on what basis did the HC reject your bail plea? Was there glaring evidence against you? You should have got bail in HC unless there is tangible evidence to give rise to the court to doubt your appeal.


Take care, be alert, do not lose heart and all the very best!

 
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