How to defend a false 498A and 406 case in court?

GD evng wife filed a false 498a, 406, case in amboli police station in jogeshwari west..sir I am from Hyderabad.marriage took place in Hyderabad only..i belonged to muslim community..marriage took place 2.5 years ago..2 mnths back she told that she wants divorce...we were ready to give divorce..but she went to her mothers house in mumbai and lodge false 498a , 406 all family members she mentioned in married sisters also included..all the allegations are false..plz guide I m unaware of mumbai law..

Answers (2)

287 votes

If false cases under sections 498a and 406 of the Indian Penal Code have been filed against you by your wife, you can defend your case and at the same time file a counter case against your wife. You can defend yourself and your family by taking the following measures:

  1. Collect Evidence and Documents: To prove that the accusation made against you and your family is false, you will have to collect all substantial evidence that can support your claim. These pieces of evidence can be-

  • Recordings of conversations (emails, chats, voicemails, call recordings, etc.).

  • Evidence to prove that you have neither demanded nor have taken any dowry.

  • Evidence proving that your wife moved out of the wedlock for no valid reason.

  1. File for quashing the FIR: You can file for quashing the false 498a FIR by the High Court. Usually, courts are reluctant in interfering with police procedure, however, if you have sufficient proof to prove your claim the court may quash the false FIR. It is recommended to take help of a good criminal lawyer for this.

  2. Lodge an FIR against your wife for filing a false 498a complaint: You can file an FIR against your wife for filing a false 498a case against you and your family. If you have a proper case then the police cannot deny filing your FIR. You can also take the help of a good criminal lawyer for drafting a good complaint on your behalf so that the police cannot reject the same on any grounds. If the police still refuse to take your complaint, you can file a written complaint against the police officer with the Superintendent of Police.

  3. File a case for restitution of conjugal rights: In case your wife has left her matrimonial house you can file a case for restitution of conjugal rights mentioning the conditions that she must agree upon before she starts living with you again.

  4. File a defamation case: You can also file a case for defamation against your wife for affecting your image negatively by filing a false 498a case against you.

How can a lawyer help you?

Being charged with a crime, especially under sections 498a and 406 of IPC, is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

What can be the repercussions of a false 498a case?

False cruelty complaints against men are increasing every day violating their basic human rights and thus has become a serious issue of concern. Moreover, an offence charged for under section 498a of the Indian Penal Code is a non-compoundable offence which makes it even more severe for men. A false accusation under section 498a of IPC can cause numerous damages to the accused including prison time, having a criminal record, and loss of reputation. Thus, it is always advisable to deal expeditiously with such cases under the guidance of an expert criminal lawyer.

164 votes

The first let's take anticipatory bail for all those who have been named in fir then after the charge sheet or on basis of fir go for quashing of fir by giving writ on behalf of your married sister .
And file a criminal complaint under Sec 406 of IPC against her at your place .

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