Counter complaint against 498a

628 votes

Yes, counter-complaints under CrPC Section 190 can be registered, but 498a cases require surgical precision in framing them. Your options include: (1) Counter-complaint for False 498a (CrPC §190): File directly at Police/Magistrate alleging false/malicious prosecution under IPC §211 (false accusation). However, courts now scrutinize these heavily post-Arun Chhawla v. Delhi HC rulings requiring prima facie credible evidence of fabrication. (2) Defamation/Criminal Intimidation: 3) Anticipatory Bail 4)Quashing We can discuss in detail and find out the best suitable defence for you.

Advocate Bhumika Vijay Bajaj LawRato

546 votes

Courts generally discourage filing a counter-FIR merely as a pressure tactic. The safer course is to first defend the 498A case, collect evidence such as messages, call records, emails, witnesses, medical records, financial records, CCTV footage, prior complaints, and proof of separate residence, and then assess whether a separate complaint is legally sustainable. If the complainant has knowingly made false allegations, you may consider the following remedies: 1. Apply for anticipatory bail or regular bail and contest the case on merits. 2. File a petition for quashing before the Hon'ble High Court if the FIR does not disclose any offence or if there is clear evidence of abuse of the process of law. 3. If there is evidence that false statements have been deliberately made, proceedings for defamation, malicious prosecution, or perjury may be considered after the appropriate stage of the criminal case. 4. If your family members have been subjected to threats, harassment, or false accusations, a separate complaint can be lodged regarding those specific acts.

Advocate Saylee Chaudhari LawRato

727 votes

I can certainly advise you on the possible legal defence. However, I will first need the complete facts of the case to assess the allegations and suggest the appropriate course of action. Where are you from ??

Advocate Sanjana Nikumbh LawRato