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suresh (hhh)     04 January 2010

What is the right time to put Defamation case against 498a

Hi,

My friend's wife filed against my friend's family under 498A false case..they got direction from high court to file FIR against his family members..now they IO officer sent the chargesheet to the court four days back....when is the right time to file defamation case against her and her family?PLease help me on this.



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 9 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 January 2010

You may file it at once. but your time limit will be upto the finalising of the case, where you proved that the complaint is false.it will take time. therefore after receiving court notice you can start a defamation case. defamation case are two types (1) civil (2) criminal - sec 499 & 500..

If they gave false information to the court then you may highlight it by the petition contempt of court. for further information may please contact.

 

suresh (hhh)     04 January 2010

Thanks Arup Kumar for your reply..need one clarification court notice means? after the judgement of case 498a?


kranthi kiran (Works In Judicial Department)     06 January 2010

until and unless 498 -A case is decided on merits, one cannnot say whether, the complaint is false and vexatious or not.  After the acquittal from the 498-A case, one can definetly lodge case claiming damages for malacious prosecution and defamation. 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 January 2010

here 'after the court notice' means ,after receivung the charge sheet, if the party is confifdent that defamation is there, and they did it delebatly then after reciving the charge sheet, the party may start dffamation case. the charge sheet is the proove of defamation. but the defamation should be very clear like a daylight. otherwise it will be rejected.

to give false information to a police officer on duty, is also liable for penal action under IPC.

Anil Agrawal (Retired)     07 January 2010

 It is said that 498A case is false and yet HC gives directions to file FIR against husband's family. Just by saying that it is false does not mean anything. You have to prove it in court in your defence.

Secondly, on ground will you find defamation suit? 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

false criminal complain will be the ground for defamation.

Anil Agrawal (Retired)     09 January 2010

 But unless the matter is decided by the court, how does it become false?

Victim_Kol (Middle Executive)     09 April 2010

Originally posted by :Arup Kumar Gupta, Korba, Chattishgarh
" here 'after the court notice' means ,after receivung the charge sheet, if the party is confifdent that defamation is there, and they did it delebatly then after reciving the charge sheet, the party may start dffamation case. the charge sheet is the proove of defamation. but the defamation should be very clear like a daylight. otherwise it will be rejected.
to give false information to a police officer on duty, is also liable for penal action under IPC.
"

How can one start the case just after getting the chargesheet only ? I mean without the completion of trial of the case ?

M. H. KUMAR (private job)     09 February 2016

Dear Experts In my case the fake 498a complaint is taken back by my wife, Is it possible to lodge defamation. I have the IT evidence to stand their claims were false.

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