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Raj (law)     20 July 2013

Whether i can file counter cases during pendecy of the 498-a

I am unmarried brother of husband of the bride who has alos roped me under 498-A/406 cases and his FIL has eyes on m y family assets and making false charges one after another and has notspared any of my fami;ly members.. he has filed 498-A/406, 125 CrPC nas DV cases and we have been watching as mute spectator just defending our cases only.. Most of the forums says to file counter cases whether during the pendency of matter such cases cand be filed ??If we wait then it will talke several years in get rid out of it then at last we may not have the courage to fight back..Please advices what type of cases can be filed???



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 11 Replies

Ashok, Advocate (Lawyer at Delhi)     21 July 2013

If you have a genuine complaint against the lady, you should file the complaint immediately instead of waiting unnecessarily. All types of complaints can be filed provided the complaint is genuine. Don't file any false complaint.

Chetan Joshi (Advisory/Advocacy)     21 July 2013

Depends on what are you gonna file?

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Raj (law)     21 July 2013

what can I file.??.The perosn is misusing the law one after the anpother we are sitting here as helpless like helpless.. tHEY FIULE POLICE COMPLAINT AFTER BRIBING THE OFFICALS  so that they can get huge recovery in the name of stridhan..But failed they opposed our Anticipatory bail. send police our home for arrest..oppose our regular bail..made us accused file chargesheet..File 125 CrPC huge maintenance...File DV cases

 

LAW IS SO MUCH HELPLESS HEARS ONLY THEIR SIDE AND PRESUMED US ACCUSED..WE ARE JUST DEFENDING 0NLY DEFENDING..When the mateer sort many precious years has been wasted for my family members and they go with hefty rewards we are the lossers because we are from side of husband Police, Lawyers made money


This our judical sytem works..I file the petition for quashing of FIR but diosmiised on the ground one name has been added casually..I file the DP case which is also pending ..from every side we are the sufferes..and they are the winners

MrDinoMorea (O)     21 July 2013

Keep calm and do not lose heart

Prov 10:6

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 July 2013

Dear Raj

you should contact a lawyer personally with all your documents/proofs

Anticipating False 498a (law student)     22 July 2013

hi,

Most of the 498a complaint are drafted by the lawyers and implemented by corrupt cops in favor of so called `aabla` victim. These  law are in favor of  women & it seems your in-laws advised by a criminal lawyer to file false cases against you , to create more trouble & you with your family  spending more time (years)in preparing defense arguments in your current lawyers chamber. Although matter of filling counter case during pendency of the 498-a has been discussed by honorable expert many times in this forum before. You can search and find enough info about the same subject in this forum. Most those counter cases are difficult to file and proved & will create hardly any big trouble to your in-laws, it is advised to fight all cases against you on merit, however if you use (or misuse)any woman (& laws to protect women) effectively you can create great trouble for them at least for some time. All you need some courage & a TRUSTED expert criminal lawyer .although no expert will advise you in open form to act like this, you can discuss with your lawyer in his office. Need some R &D from your side, Find other expert criminal lawyer at your city, there are of all types, a few suffered from these feminist laws; prefer to fight cases from boy’s side. Spend some good money to pay his fees, if you can afford.

 normally any allegation from your side at  this stage of case would be considered as counter blast but expert criminal lawyer can find a way ,all will depend  on  your lawyer`s ability. You can also try for extortion &criminal intimidation, your in-laws may get bail easily if no prima facie case of extortion & criminal intimidation, but still it can increases their burden. Any action from your side must be carefully planned as per advice of TRUSTED expert criminal lawyer to not backfire, otherwise will adversely affect your defense against 498a & even give opportunity to your own lawyer to ask more money.

If you do not want to involve any female member from your family, find two FAITHFULL PROFESSIONALL   pros, pay them & use them.... If planned properly your in-laws will have to prove in court their innocence; it may take years. They will have to face the same pain your family has been passing through. You will have to plan something unusual to terminate this mess otherwise you will have to keep roaming courts & your lawyer’s chamber.  

Regards

Anticipating False 498a (law student)     22 July 2013

Any comments by other senior experts/advocates or Helping Hand Sir??

Divya (nil)     22 July 2013

Hi Raj

 

Even I am a 498a victim, there are a few things..

firstly what is the stage of ur case...Has the female given her statement on oath, have witnesses too stated on oath.....Ur works starts from here...u need to procure copies from court what they have stated on oath, read FIR several times & see where things contradict, definitely there will be clear contradictions - use this as ur strongest tool...Also see what documents in support/against u state...things will be different everywhere.

Equally try to prove the girls' character.  Small efforts will create the difference...Only if ur background work is strong, u can move to the next step of filing counter cases & yes u can do even during 498a but provided ur lawyer supports you in ur initiatives(Most of them dont for several reasons)..

Steps u can take using law:

1. IPC 211 for filing a false case

2. Perjury u/s 340 for giving false statement

3. IPC 500 & several others since accused gets defamed...

 

All above r the last steps , first is ur work & only we can do, lawyers wont guide u for anti-cases.....Even IPC 211 & perjury applications rest on the discretion of the court..So take steps cautiously..

Adv k . mahesh (advocate)     22 July 2013

if you can say that they are being bribed by you brother FIL then file a case against the police stating that wihout any proper evidences or wihout any arrest warrant the police is harassing your family 

why your brother FIL is against your family what wrong have your family did is you have not done any wrong and simply she and her father are harassing then take a bold step to harass them also and show them that you are not worried about the false cases 

first contact your lawyer and take his advice and if he is bribing means some way to make him also suffer start investigation on him and make him suffer 

Raj (law)     22 July 2013

Thank you all of you especially Divya..I too come from legal background and I alos file dthe case for quashing of FIR u/s 482 CrPC before H.C but Hon'ble court has main focuseed on one line which declined to qauassh the FIR though all the allegations were casual except mutaul bickering of not having luxurious amenities at Home..Her father is greedy and demanding 40 -50 lakhs worth oranamenst through fale list which he is made in connivance with the police ..I have been advised to file quashing of chargesheet which I surely will do and against the orders I Will file the SLP before Supreme court of India b ecause despite of apex court judgment in geeta merhotra case, the state HC are reluctant to quash the crimional proceedings aginst the relatives of husband....

 

@ DIVYA...the trail has not been started so in that we cannot file the application under section 211 as I have heard that simulatanoeosus trails cannot be runned..The trail takes long of years which can only be sorted out when parallel cases sahll be lodged aginst the opposite families so that they too come for compromise

 

Whhat I need is the information about the paralle cases which can be filed in the court to create pressure as my family has many old people and case has been filed in remote area and we have to give appearncess..No doubt the marraige is not part of legal extortion

Divya (nil)     23 July 2013

Hi Raj

 

Lawyers can file permanent exemption application for appearance only for accused who are old..

u r asking counter cases, counter cases include as mentioned earlier...is it possible for u to prove that her FIR is false, if ur lawyer is smart he can drill into the FIR to expose her only on the basis of FIR..

If u have past evidence or any communication to her or against her thensuch things can be used as a support...The thing is if u are able to prove before the court that she has filed a false FIR , only then u can proceed to the step of knowing counter cases...

 

Check the THREE links for ur knowledge:

https://www.498a.org/

https://www.498a.org/post498a.htm

https://advocateseema.in/judgements.html   (real good ones for 498A & dowry etc.)


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