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What to do if wife has filled a false case u/s 406 & 498A IPC


28-Oct-2023 (In Criminal Law)
HINDU MARRIAGE ON 16.04.2014. WIFE LEFT MATRIMONIAL HOUSE ON OCT 15 AND I FILED SECTION 9. AFTER THAT WE CAME TO KNOW THAT SHE HAD GONE ABROAD FOR STUDY AND I FILED A COMPLAINT TO CP AND THEY MARKED TO CAW CELL. AFTER HEARING THE COMPLIANT FROM MY SIDE HER COUNSEL SAID TO COME BACK AND SHE FILED A COMPLAINT OF 406 AND 498A AGAINST ME AND MY PARENTS. AFTER THOROUGH INVESTIGATION POLICE KNOW THAT I M INNOCENT BUT UNDER PRESSURE FILED AN FIR U/S 406 & 498A IPC ON ME ONLY & NOT ON MY PARENTS. AFTER I APPLIED A BAIL AND BAIL WAS REJECTED BY THE SESSION JUDGE AND FURTHER I MOVED TO HIGH COURT AND THEY REFERRED THE CASE TO COMMITTEE IN THE SAME CITY WHERE GIRL PARENTS LIVE. NOW TO COME UP ON 01.11.2017 INFRONT OF COMMITTEE. I WANT TO KNOW IF HER COUNSEL IS POWERFUL WILL THEY TIE UP WITH THE COMMITTEE AND TIE UP OF THE SAME THEY GAVE DECISION AGAINST ME TO ARREST
Answers (2)

Answer #1
511 votes
mediation and conciliation committee has no power to arrest any person accused of matrimonial dispute i.e. 406,498-A IPC Case. the committee try to reconciliations to you and if the the matter will not resolved then the report of it be sent to hon'ble court for further proceedings. even if the police wants to arrest you then they must be recorded the reason in writing as per provisions of section 41 of Cr.P.C. see the judgment of Supreme Court case Arnesh Kumar Versus State of Bihar etc. in this regard.
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Advocate Ajitpal Singh Mander

Adv. Ajitpal Singh Mander

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Answer #2
984 votes
first of all there is no chance of rejection of bail in this case. further it is possible if the counsel of your wife is powerfull, the he can affect the investigation and he can succeeds in getting the investigation report is his favour. then you must approach the Hon'ble High Court with the request to mark the inquiry to another committee to another District and bring the evidence to this effect neither your family ever demanded any dowry nor your family harassed, maltreated and beaten your wife.
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Advocate Raj Kumar Mahay

Adv. Raj Kumar Mahay

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