False 498a victim and the duration of the case
08-Dec-2023 (In Criminal Law)
Hi Team
Thanks for the valuable suggestions.
Coming to my query my wife (Wricked person) filed false 498a on me and my entire family. Reason she wants more money than what we want to give before elders.
Our settlement done before elders and took signatures as well from both the parties and after some days she filed case on me saying I am demanding dowry and beating her.
Police called my family for settlement but the wife did not stepped out from the demands and told police to file FIR.
They filed it and we are roaming to court from 1 year and when the wife had to show her testimony they did not attended nor the police.
Now my query is what will happen next if police did not come to court nor the person who gave false complaint.
Also how many years it takes to complete the case and what is the procedure to wind up or close the false case.
Because of this I lost my job can i file any case on her now.
Regards
victim
HI
if your wife does not appear for evidence then the courts will be free to dismiss the case for default.
Normally courts grant 3 chances for the complainant and police to give their evidence failing which the complaint will be dismissed.
In the event of the court reaching evidence stage, then your case should be completed within 3 to 4 months. No worries.
if your wife does not appear for evidence then the courts will be free to dismiss the case for default.
Normally courts grant 3 chances for the complainant and police to give their evidence failing which the complaint will be dismissed.
In the event of the court reaching evidence stage, then your case should be completed within 3 to 4 months. No worries.
Helpful?
54+
please note if you got a valid ground you can apply for discharge from crime under section 237 of the code of criminal procedure if the police is not responding or not turning up or your wife is not turning up then you must file a protest petition before the court that your reputation is being deteriorated and as the defacto complainant is not turning up then magistrate must close the case or else must issue warrant to the complainant. if nothing is happening then approach the high court under section 482 for squash of proceedings on this ground
Helpful?
100+
Firstly, file a petition under Section 482 of Cr.P.C in High Court to quash the charges if the charges are false, misconceived and impugned then you have bright chance of charges might get quashed but you need strong ground beyond reasonable doubt to prove your innocence. If High Court denies your petition, then
Secondly, make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.
The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016.
Lastly, there is no automatic arrest in 498a Supreme Court observed recently yet, you can apply Anticipatory Bail for you and for your family. If police are not present in Court means they might be still doing investigation. There is no time limit for filing of a charge sheet though if an accused is in police custody or in judicial custody he is entitle to bail if charge sheet is not filed within 60 or 90 days under 167 Cr.P.C. If you are aggrieved with police then you can always file a private complaint with Magistrate under 200 Cr.P.C Good Luck
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
Secondly, make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.
The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016.
Lastly, there is no automatic arrest in 498a Supreme Court observed recently yet, you can apply Anticipatory Bail for you and for your family. If police are not present in Court means they might be still doing investigation. There is no time limit for filing of a charge sheet though if an accused is in police custody or in judicial custody he is entitle to bail if charge sheet is not filed within 60 or 90 days under 167 Cr.P.C. If you are aggrieved with police then you can always file a private complaint with Magistrate under 200 Cr.P.C Good Luck
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
Helpful?
98+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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