Rajeev Ranjan Kumar
Asked November 01, 2016

False 498A against me

  • 1 Answer
  • 773 Views

My wife filed a dowry and dv case against me and my parents and my two married sisters. Previously I filed for divorce becoz she cheated me by withdrawing lakhs of rupees from my account as well as from my fathers account through ATM with the help of a boy who is my neighbour. When she came to know that i have filed for divorce she filed the false dowry case to take revenge. I have a daughter and she is pregnant with my second baby but I don't want to live with her anymore. As we have faced so many insult and mental stress becoz of her. Me and my family is suffering a lot. I have an evidence of a phone record in which she is saying about how she trapped me in dowry and her father is also abusing me in the recording. Can I get bail in dowry case.?

Answer 1

Yes, you can get bail. You will have to apply to the court.

In a non-bailable offense you can only obtain a bail from the court. You will plead through your lawyer who files an application for release on bail. In the application you will have to list the grounds on which bail must be granted. The court then considers the grounds and decides whether to grant a bail or not.

If you have not yet been arrested, you can apply for anticipatory bail. The court will see whether any case has been registered in your name. Court will then look into whether any a strong case exists that will probably will not result in acquittal. The court could also look into your track record, and whether the case has been registered to harass you.

Please note that if, after the granting of anticipatory bail, the other party moves the court with evidence that there was abuse of process of the court and show some evidence that the attempt was to hoodwink the court, then it might cause problems for you.

 

You can later apply for quashing of FIR:

The Supreme Court of India has laid down the conditions under which you can quash the First Information Report (FIR) filed under sec 498A. These conditions are[1]:

 a. Where the allegations made in the FIR even if accepted do not constitute an offence against the accused;

b. where the materials in support of the FIR do not point out towards a cognizable offence which can justify an investigation by the police;

c. Where the evidence collected in support of FIR does not direct that an offence has been committed by the accused;

d. Where, the allegation in FIR point out towards a non-cognizable offence;

e. Where the grounds mentioned in the FIR are absurd and do not point out towards the fact that accused has committed any offence;

f. Where there is an express legal prohibition under the Act (under which a criminal proceeding is instituted) of institution and continuance of the proceedings; or

g. Where proceedings have been initiated with a mala fide intention and for taking revenge against the accused.

 

Therefore, you can get your FIR quashed on the above grounds.

 

[1] Sundar Babu v State of Tamil Nadu (Criminal Appeal No. 773 of 2003)

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