Anonymous
Asked August 03, 2016

False 498A Against me

  • 1 Answer
  • 272 Views

I have been accused under 498A and all the pp and judge are being influenced in the case even though I didnt take any dowry, I have lot of proofs against the complaint filed but unable to do any thing as I am illegally retained in PS for 10 days for which I had to filed a writ petition in High court to make me appear in court. the PS is famous for settling 498A's with 1.5-2 crores of rupees . In my case even though I am innocent and she wants to live with her lover she filed a case against me. I am not financially strong and cant even pay more than 25 lakhs. I now have no choice but to commit suicide , I want to know the implications of the case on my family once I die. Please help me what happens to other parties in the case .

Answer 1

As you have already filed a habeas corpus writ against the PS in High Court, you can wait for the case to proceed. In the meantime, let the case filed by your wife take its course and fight the case on merit.

Domestic Violence cases are decided only after clear examination of the facts and evidences and as stated by you, since you have gathered substantial proof against this false charge by your wife, you will be able to get a judgment in your favour. In the meantime, make sure that your advocate submits a copy of the writ filed by you in the High Court against PS, so as to bring to the court’s notice, the reason behind your absence. Your advocate may also plead for exemption of your personal attendance in court under S. 205[1] and S. 317[2] of Code of Criminal Procedure, 1973 (Cr.PC), under which the magistrate or Judge may approve such exemption under reasonable grounds. 

 

You can also apply for court bail under 437[3] of Cr.PC, for temporary release from police custody in the meantime.

 

In case of death of an individual, any case particularly filed against that individual is terminated, i.e., it comes to an end with the death of the defendant.

However, committing suicide might free you of the charges, but since 498A applies to the husband's relatives as well, it does not prevent a case from being filed against your family. Hence, a much better option would be to be patient, gather strong evidence, and try your best to get the decision in your favour. 

Kindly do not take a hasty step before the case is decided. There are several False 498A cases which get decided in the favour of the (falsely) accused.

 

[1] Available at: https://indiankanoon.org/doc/1245435/

[2] Available at: https://indiankanoon.org/doc/1009979/

[3] Available at: https: https://indiankanoon.org/doc/848468/

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