427+ Lawyers are online 
Wife filed false 498A case on me, how to get rid of it
25-Mar-2023 (In Divorce Law)
in my case wife alleged me in 498a,323,3/3 case, she lived with me only 30 days, in case she told that i want dowery 10 lakh, she has gone to her sister home 18-03-2016 , she also told that i was came bhopal in april not given any specific date and beat her then we are not conected anymore , major points is she lodge FIR in 02dec 2016 , after the incident took happend in april there is no medical in april , she got medical 02dec can it possible in 323 case where no weapon used medical sustain after 8 months my case is based on that offence , in my whole life i was never go bhopal, in april i was present in lucknow ny case took hapened only one , where she called me 22april 2016 and told that i came home on 29april also same words told by my mother-in-law , i have the recording in original voice i file sec 9 in sept 2016 so plz advise me wheater i go for quash or not
In the case of Sunder Babu Vs. State of Tamil Nadu, Hon'ble SC explained the cases under which FIR under section 498A IPC can be quashed. Looking to the facts you have mentioned I think you may try for quashing. File a petition under section 482 CrPC before High Court for quashing the FIR. Further the fact that medical report is not showing anything is no ground for quashing a charge under section 323 IPC, because suppose a person hits only one slap to another, it will not be shown in medical report but if proved by testimony of an eye witness then the accused may be convicted. So fight your case cautiously.
Helpful?
42+
42+
Adv. Pradeep Naik
Indore | 200+ Answers
CONTACT NOW
As you narrated the story you have a good chance for quashment. Further what is the stage of 498-A, as this is crucial so take this seriously. You may expedite the proceedings of sec 9, So that things may come closer to conclusion.
Helpful?
33+
33+
Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
CONTACT NOW
You file Case under section 9 Hindu marriege act in family court. Separately u also file Case against u wife in court for doing false Complaint case against u. And u don't worry the honorable supreme court recently passed the gudgement That the police cannot arrest any body without proper investigation under sec 498a doury cases I can Handel it thank
Helpful?
28+
28+
Adv. Pradeep Kumar Tiwari
Katni | 25+ Answers
CONTACT NOW
the Apex Court in the case of Satish Mehra Vs. State (NCT of Delhi) and another, AIR 2013 SC 506 wherein the Supreme Court had held that the power to interdict a proceeding either at the threshold or at an intermediate stage of the trial is inherent in a High Court on the broad principle that in case the allegations made in the FIR or the criminal complaint, as the case may be, prima facie do not disclose a triable offence, there can be no reason as to why the accused should be made to suffer the agony of legal proceeding. “Thus, such power would be available for exercise not only at the threshold of a criminal proceeding but also at a relatively advanced stage thereof, namely, after framing of charge against the accused.”
Helpful?
49+
49+
Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
