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Author Topic: Actions against false 498a FIR  (Read 251 times)

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Offline rakesh123456

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Actions against false 498a FIR
« on: December 13, 2018, 03:07:58 AM »
Hi,
Around 2.5 months back my Brother's wife went to Her parents home and within 8 days she filed criminal case (498A, 406, 323, 341, 120-B) against my Brother and Mother, 125 crpc (Interim Maintenance) & Section 13(Divorce). We got the notice for criminal case and interim maintenance within 10 days of filing. But we got notice for section 13 (Divorce) in court on first date for interim maintenance hearing. For criminal case we were called by police 2 times and we presented our evidences. Finally no arrest was made by police and they presented Final Report (Challan) in court. In final report police made case against only my Brother. In report police mentioned that no evidence is available to make case against my mother.
We also got pressurized from her lawyer to negotiate and close case outside the court. But our point was that these baseless cases were filed by her not by us. So instead of any negotiation we will prefer to fight case in court with evidence.

Now my mother's name is not in final report, can we take any action for filing wrong FIR? In this case FIR wasn't filed by police. FIR was recorded in front of magistrate. Isn't it a crime to record false statement in front of Magistrate. In case any FIR or defamation can be filed by mother then what should be place for filing FIR/Defamation case. My brother & her wife were living separately in Hyderabad. I & my parents (Mother/Father) live in Delhi. My Brother's wife is from Lucknow and she had filed all three cases in Lucknow.

Offline kalaskarkk

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Re: Actions against false 498a FIR
« Reply #1 on: January 15, 2019, 11:03:18 PM »
Dear Sir,
Your concern for your family members is appreciable. In fact the provisions of the various enactments being misused by the married women. This tendency can be curtailed to some extent if people like you venture suits for compensation and proceedings for perjury etc. As proposed you may file affidavit in the same Court under Section 345 Cr.P.C read with Section 193 to 196 IPC etc claiming perjury case be registered against her. Further your mother may file a suit for defamation claiming huge amount as compensation towards her mental torture etc.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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