How to defend a false 498A and 307 case

872 votes

When such a complaint, true or false, is filed by a wife against her husband in a police station which has jurisdiction to entertain such complaint, the police does not immediately lodge an FIR. Instead this complaint is forwarded to women cell so that both the parties may reach a compromise which may be monetary in terms and so that no FIR is lodged against husband and his family. If the parties are still unable to reach a compromise, the women cell directs the parties to go to the mediation and conciliation Center in district courts throughout India. If there also the parties are unable to reach any compromise or settlement, the case goes back to women cell. And even then lodging of FIR against husband and his family is an arduous process. If wife or her family or relatives are well-connected, or they bribe police, only then police lodges an FIR under the sections of Indian Penal Code mentioned above.

Prevention of 498a cases
Prevention is always better than cure. If the husband and his family have not committed any offense under aforementioned sections, they have not taken any dowry or illegally kept with themselves the stuff belonging to the wife, they have not beaten the wife or caused any mental or physical harassment to her then they have every right to take precautions which I am going to mention now. The precautions mentioned here are based on an actual case in which the parties finally compromised their disputes but because of these preventive measures undertaken by the husband, husband’s family and he himself were saved from treading the fiery path of criminal Justice system.

Advocate Siddhant Sharma LawRato

794 votes

firstly, approach High Court for anticipatory bail.
during investigation, the police will find weather the FIR is a false complaint or not?
if you have any merits in your case you can approach High Court for quash the proceedings or to any other relief?
you can file a petition for deletion of the innocent accused.
if once, the police charged all the accused, you should prove your innocence in the court or should record the compromise in Lok-Adalat.

Advocate Kadagala Rambabu Naidu LawRato