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Filing of FIR against wife by Police for filing false criminal cases


28-Aug-2025 (In Criminal Law)
My wife filed false criminal cases against me and my family by including criminal section such as 498a, 323etc. I have sufficient proofs that will contradict ipc 323. Now the case is still under trail. In the mean time can husband file criminal case against wife in police station (Ipc 211 or any other). If Police do not accept my complaint, what should I do. Please guide
Answers (6)

Answer #1
949 votes
Adultery is no longer a criminal offence, so the police will not register a case against your wife for living with another man. However, this conduct can be used as a ground for divorce or in your defence against her cases, and you can also explore remedies like perjury or defamation if false allegations are proved. The proper course is to raise these issues before the family court rather than the police.
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Answer #2
669 votes
You can file complaint against your wife for falsely instituting cases against you and your family. However if police refuses to take any action you can move to the court of Magistrate for the relief. Please note, without proving your innocence in case your counter complaint may not be of any help. For further query, feel free to connect. Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #3
959 votes
Hello, Any person including husband can initiate criminal action against another person including wife for any criminal offence committed against him. If the Police at the police station level doesn’t take your complain/ action then you can complain about the same to the concerned SP/ DCP of the district. And if still unsatisfied then you can prefer application before the concerned CJM/ CMM Court to take action/ lodge FIR against the accused.
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Advocate Aditya Purohit

Adv. Aditya Purohit

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Answer #4
590 votes
You can seek discharge from the trail court where 498A case is pending on the basis of the sufficient reason/ proof. You can file up a case against her u/s 211/182, but practically courts act more strongly after acquittal. If police refuse to act, escalate to SP (154(3) CrPC) or file application before Magistrate (156(3) CrPC). Right now, your priority should defend and secure your acquittal verdict, then file complaint/case for false prosecution. Also you need to get one proper representation for yourself before every forum.
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Advocate Ashwin Garg

Adv. Ashwin Garg

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Answer #5
841 votes
No, you cannot file a complaint under section 211 IPC until the trial is over, but you do have other options. I have handled a similar matter and can guide you about what you can do in this situation. Feel free to contact me for further assistance: Adv Paras Mahalwal, 8-3-7-7-0-5-1-6-7-5
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Advocate Paras Mahalwal

Adv. Paras Mahalwal

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Answer #6
853 votes
you have the remidies against your wife's cases but before to know the same you have to give complete details of your cases. Kindly come to my chamber with your proofs whichever you have against your wife. or contact me on my number.
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Advocate Mohini

Adv. Mohini

LawRatoDelhi | 50+ Answers
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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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