D Chatterjee
Asked November 23, 2016

False 498A against us

  • 1 Answer
  • 826 Views

My brother's wife filed a false 498A, 406, 506 case against my brother, parents and me. All of us got bail. As they failed to make us stay in the prison, they made a trap for us. One fine day they turned up to my brothers office. Harassed and threatened him and his colleagues. He went to the local police station and filed a gd against them. After a few days they again went to his office when my brother was not present there. The inlaw family along with their lawyer threatened the office staff not to support my brother and throw him out of the job. My brother reported this incident to the police aswell. Our lawyer shot a letter to the inlaws urging them to stop this nuisance. Just after that the woman police cell of the office locality came to his office and took him with them. Arrest was done alleging that he has beaten up his wife in those two days when they came to his office. Adding to that the inlaw says she was again beaten up on another day when she was walking in the streets of my brothers office locality. She stays 42km away from my brothers office. My brother gave proof that he was not in that locality at that point of time. But police never listened to us and arrested him with nonbailable section like 195A. Next day got bail from the court. Police was playing a dirty game against us. They even wrote in the report that my brother confessed his guilt infront of the lady officer and also tried to beat his wife infront of them, which is totally untrue. Yesterday when he went to court for appearing in the specified date he was given another date after two months but the law clerk told us that the inlaws recorded secret statement of 3 persons infront of the magistrate. My question to all my learned friends is what does this recording statement signify, are they with the help of women police laying another trap for us? Secondly what can be the consequences of this false case?

Answer 1

Criminal Intimidation: You can file this against the inlaws for intimidating and threatening your brother's office staff. 

Section 503 of the IPC tells us that whoever threatens another with any injury to him, his reputation or his property, or to the person or reputation of any one in whom he is interested, with intent to cause alarm to that person, forcing them to do something which they are not legally bound to do, using threats, commits criminal intimidation.

Section 506 provides the punishment for criminal intimidation with imprisonment which may extend to two years, or with fine, or with both.

If the threat are to cause death or grievous hurt, or to cause the destruction of any property by fire, or to carry out an offence which is punishable with death or imprisonment for life or seven years, or to impute unchastity to a woman, then the punishment can be extended to seven years, or with fine, or with both.

This is a Non Cognizable, Bailable offence. In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant. If you go to the police station to file a complaint, as per Cr. PC, the Police Station is required to record an abstract of such complaint in the General Diary. They will then advise you to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.

The judicial process can be started by filing a private criminal complaint before the competent court, under Section 190 of the Cr.P.C.

 

False DV case:

You can apply for quashing of FIR:

The Supreme Court of India has laid down the conditions[2] under which you can quash the First Information Report (FIR) filed under sec 498A. These conditions are:

 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.

 

Malicious prosecution 

You can file a case of malicious prosecution against his wife after it has been disproved that she filed a frivolous case against you all. In an action for malicious prosecution the plaintiff must prove: 1) That he was prosecuted by the defendant. 2) That the proceeding complained was terminated in favor of the present plaintiff 3) That the prosecution was instituted against without any just or reasonable cause. 4) That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. 5) That he suffered damage to his reputation or to the safety of person, or to security of his property.

You have to prove that you suffered damages as a result of the prosecution and complaint. Even if the prosecution may terminate in your favour, you may show you suffered damage as a result of the prosecution. The damages may not necessarily be pecuniary. It can be: 1) The damage to your reputation; 2) Physical damage to you, i.e., danger of losing your life, limb or liberty  3) Damage to your property, being forced to expend money in unnecessary charges, to acquit yourself of the crime of which you have been accused.  

 

 

[1] Sh. Neeraj Aggarwal v. Mrs. Veeka Aggarwal, M No. 28/07, Delhi District Court.

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

 

 

 

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