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joepeter19   24 July 2016

Reply notice to 498a

Dear Members, my wife recently filed a 498a against me and my family. My father took the notice from the police station and we are supposed to reply to it. We went to three different lawyers and paid them money to write a reply and all of them wrote horrible replies which implicates us even more than alleged. I kindly request that if you have any document which guidelines us to write a reply or atleast cross verify the reply wrote by the lawyer. Also i can know what kind of language and tone to use in the reply document. I know i could go find another lawyer, which we are doing but in the mean time we want to educate ourselves as well. Thank you very much for the help.

 


 6 Replies

Vijay Raj Mahajan (Advocate)     24 July 2016

The reply by the accused in any criminal complaint under section 498A etc. IPC should be very simple in language.

Secondly there should be general denial of all charges made against the accused.

Thirdly each every charge made in complaint should be denied as false and answered to best of the knowledge by giving their side of the dowry.

The general allegations in such complaints is dowry demand from the time of marriage till date of making the complaint to the police, in all these instances there should be reply as false allegations being made as there was no demand anytime  for dowry or expensive articles from the wife side.

There is another allegation which is made, is that all the dowry/gift items/articles given to the wife from her parents were kept in the personal possession of the accused without the permission and consent of the wife, a simple denial to this, followed by that all the listed items/articles are in the possession of the wife, if any bigger items/article lie at the house of husband can be marked as available at their place which the complainant is free to take it back with her anytime she so desire.

There is allegation of abuse, beating, hitting, keeping the wife hungry for whole day etc. in such there should be clear mention of denial as well there exists no medical record of any beating or hitting to the wife anytime during her stay at the matrimonial home, there are witnesses available at the matrimonial home who can state the true position in the case about the best available treatment being given to the wife during her stay there. Any photographs available showing the good moments where wife was enjoying good time with husband and other family members should be attached along the reply, also the true copy of tickets, hotel room booking where the newly wed couple travelled and stayed together should also be attached.

Along with all this the misbehavior of the wife and her parents, leveling false charges, threatening with false criminal complaints with various authorities of dowry demand and domestic violence etc. should also be mentioned in details with proving date/time when such incidences happened and name of witnesses (anyone even family members) in whose presence these were done.

You don’t need an advocate to give such reply which as an educated person you can do.

1 Like

Vibha   24 July 2016

I agree with the detailed and astute discussion given by Mr. Vijay Raj Mahajan.

Dr J C Vashista (Lawyer)     24 July 2016

Whether the complaint has been filed before the area Magistrate or local police, is a matter of presumption? 

The accused needs no reply if it has been filed before Police, wherein the Investigating Officer shall summon the respondents/accused;

If the complaint is submitted before Magistrate, the Court has taken cognizance and summoned the accused, even than no reply shall be filed, which is not there in criminal jurisprudence.

P. Venu (Advocate)     24 July 2016

Yes, there is no question of serving Notice or furnishing any reply in a crimincal case. If a FIR is filed or complaint is lodged, it is for the police to investigate and the compalainant (de facto or dejure) to establish the charges beyond resonable doubt. The accused is presumed innocent until proved other wise.

Anyhow, what are the contents of the alleged Notice?

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     24 July 2016

I agree with the above mentioned experts. Direcvting the accused to furnish any reply in writing is against the principles laid down in article 20(3) of the Constituion of India.

However several police stations have now started engaging in such practises. I dont know whether it is on the basis of some circular issued within the department or some other self established proicedure. I have had at least three cases recently where the IO asked the accused to furnish the reply. In one of those cases, the judge granted me bail based on the said notice being violative of article 20(3).

If you send me a copy of the notice, then I could probably help you draft a reply.

Augustine Chatterjee

Advocate & Solicitor at Law

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