LawRato

What can i Do if false dowry case is filed against me.


23-Nov-2023 (In Criminal Law)
Wife has filed the cases under section 498a,323,504,506,3,4 in Aligarh Uttar Pradesh how can we get rid from these allegation. Currently charge sheet has been sent to court for the submission from Mahila Thana. 1. When we required the stay on arrest and how to take it an what can be the charges for the same. 2. What would be the right time to file quashing against the 498a case. 3. What can be the worse situation under such allegation. 4. She has attached the fake MLC as well what is the impact of the MLC in the case. Kindly advise the best remedy for the above given situation.
Answers (3)

Answer #1
526 votes
first of all, you should file anticipatory bail application soon chargesheet is filed. next, quashing of FIR is correct stage but since chargesheet is about to be filed, you may file a petition for quashing of chargesheet before high court.
most importantly, take defence that no prima facie case is made out from the allegations if not well substantiated with evidence.
also, you may take defence that there is no likleihood of tampering of evidence and therefore may be protected from arrest.

Answer #2
815 votes
As per the new guidelines by Hon'ble Supreme Court, police needs to satisfy the need of arrest of accused by filling a checklist and if that fulfills all the criterias then they need to get a written complaint from the Magistrate.
As soon as you get a notice for investigation you need to apply immediately for anticipatory bail in lower court which is also called as session court. If your bail gets rejected in lower court then you need to move to High Court without any delay and after getting bail you may appear for the police investigation.
At police station you would need to do some formalities on attending dates given by the investigating officer and at the same time you would be asked few questions as part of investigation.
Now sit back and relax.
Police would need to file charge sheet and they would discuss about the things they found out in the whole investigation based on their questioning.
Once chargesheet is filed you will be sent summons or police will make phone call to receive charge sheet. Until that time you need not go to attend court. Sometimes police would not send a notice or call you on completion of chargesheet but that is not going to make any difference.
Now you would need to go to court and you will be given chargesheet by public prosecutor. Chargesheet is also called as final report and it will have all the details of police investigation with names of witnesses and documents. If you do not find these details Correct then you need to intimate court about the same.
Now you would be given date to attend court, you may either attend court dates or you may take exemption u/s 205 of Cr. P. C.
Now charges would be framed against you u/s 240 Cr.P.C and if you are the accused then you may oppose the same.
Now first witness, which would be your beloved wife would be asked questions based on her complaint in FIR on court record. At the same time accused councel would also cross examine her.
After this her father, mother, brother, sister etc would be cross examined.
Now investigating officer would be examined by PP and then by accused advocate. Now your prosecution evidence would be closed and then
Accused will be examined by Magistrate u/s 313 Cr.P.C. and then PP gives argument following which accused advocate gives argument.
Now order of acquittal or sentence and then you would be given detailed order by the court.
If you are acquitted then enjoy else appeal in higher court.


It takes years to reach to acquittal or sentence to the crime. Usually this pattern is followed in any 498a cases and there are more than millions of cases pending in court. So do not worry about any false 498a case on you and fight like a fighter.

For further queries contact in person.
Answer #3
800 votes
Hi, if your wife has filed the cases under section 498a,323,504,506,3,4; you need to defend yourself strongly,without any slackness on your part. Have you availed the privilege of bail? If the charge sheet has been sent to court for the submission from Mahila Thana, you may apply for discharge. You need to apply for stay on arrest at High Court through your advocate. The right right is now. Only the strong defence on you part will save you. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

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.

Report abuse?

Comments by Users

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."