Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jagadeesh   08 November 2017

Wrong 498a and 417

Sir, We got married on Jan 2015. I would like bring to your notice that my wife has filed wrong 498a & 417 case on me and for which I got station bail from women police station for me and my relatives three months back. Regarding 498a I am having proofs for proving wrong and also she agreed over phone that I didn't harass her physically or mentally. Her intention is that my parents should not live with me even though I am only son to them. I told her several times and she is not understanding and her relative is DSP police and so she filed wrong case and treating me with police officials. As far as I know through sources, FIR is filed and case is registered. Again now also police officials are calling me and my parents for counselling and telling us to listen to my wife words and start separate family leaving my old aged parents. 1. My main concern is that I am having single kidney by birth however which is larger in size than normal kidney and condition is normal for which I am having medical fitness certificate also. Same was informed to her before marriage and she agreed. I don't have any health issues and I am regular jogger and swimmer and we have child of 1-year-old. I am non-alcoholic and don’t have any bad habits. Using that, she filed cheating case under IPC 417 along with 498a telling that I did not told her before marriage that I am having single kidney for which I don’t proofs to show that I told her before marriage. Now the police officials are threatening me that, we can arrest you under IPC 417 if you don't listen to wife words. Can they arrest me under IPC 417 even though I have medical fitness certificate? 2. My lawyer told me that station bail is sufficient and anticipatory bail is not required for my case. Is it ok. And I came to know charge sheet is filed in Oct 2017. Is it required to take anticipatory bail even after charge sheet is filed? Presently, we planning to apply for High court for quash petition for removing my relative’s names. Is it ok. What should be my further course of action. Please suggest. 3. In addition, police officials again told me to meet next week along with my family. My lawyer told since charge sheet is already filed to no need to attend to the police counselling as they are harassing you and your family. Is it ok sir. For guidance please.


 1 Replies

Jaspal singh (practicing lawyer)     08 November 2017

No, police can not arrest you neither in 417 nor in 498A, being the offence is bailable.

Secondly once the bail is granted by the police they can not arrest you in same FIR.

Once the charge sheet is filed than there is no concern with police and after filling the chargesheet court will take the cognizance. 


Jaspal S Maini (Adv)


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