The sections mentioned by you can be slapped against her only when the evidence of the prosecution is led, not before it. These sections are offences with respect to administration of justice, hence they can be slapped only and only if evidence has been led before the court.
False 498a/406/34/323/506
Hi, I am from Mumbai and I am slammed with false FIR by my darling Wife 498a/406/34/323/506. Interestingly I have all documentary evidences of each and every allegation. I met Commissioner (Thane) as per letter from CM office and he seems convinced with my evidences and have ordered DCP to take action my application. I am currently on Interim bail. Waiting for ABA. I am expecting ABA in first week of March. Its been 100 days for FIR. after ABA can I file FIR of my inlaws and wife as per below sections. My wife filed FIR in her jurisdiction (Thane). Incident happened at my place ( Mumbai) IPC 177– Furnishing false information. IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person IPC 191– Giving false evidence IPC 193– Punishment for false evidence IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence. IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment IPC 199– False statement made in declaration which is by law receivable as evidence. IPC 200– Using as true such declaration knowing it to be false. IPC 211– False charge of offence made with intent to injure Please advise if FIR can be filed.
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
1) obtain anticpatory bail
2) wait for filing of charge sheet
3) if the allegation s are flase police would file closure report
4) then file case against your wife under section 182, 199 . 200 , 211 of IPC
No FIR can be lodged by the husband at present moment.
First of all whether the information is false or not is to be determined after end of trial. Before that no case can be filed for starting a false facts.
So you are concentrating on wrong line .
Take bail and then go for quashing or fight the case on merit.
Once you are acquitted then go for suit for damages due to malicious prosecution.
hi
Yes. you can file a written complaint and also submit evidences to substantiate the following offences committed by in laws and wife
a) Furnishing false information.(IPC 177)
b) Giving false evidence (IPC 191)
c) Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment(IPC 195)
d) False statement made in declaration which is by law receivable as evidence.(IPC 199)
e) Using as true such declaration knowing it to be false.(IPC 200)
f) False charge of offence made with intent to injure(IPC 211)
You can file the complaint anytime as you are already on interim bail and in your case anticipatory/regular bail is only a procedural formality.
Police will have to mandatorily register your complaint and issue a FIR as mandated u/s 154 of Cr.P.C as your inlaws and wife have made a false complaint as a result of which you had to obtain interim bail and has been a victim of circumstances.
You can also initiate the following claim proceedings if you intend to financially penalize / screw the other side for their false and fictitious complaints against you
a)claim for Perjury(340 Cr.P.C) - (this can be filed now) OR
b) File a defamation case under 499 of IPC.(this can be filed now) OR
c) Claim Substantial damages for malicious prosecution after your acquittal in the false claim filed against you.
Hope this information is useful
You can register such a complaint as a private complaint before the judicial magistrate court that too only after establishing the offences you observed, i.e., after proving all the charges agaisnt you as false.
Thanks all for for your advise. As I am still on interim bail, I got next date for bail as 20th March 2017. I am unsure if filing complaint or FIR against them can impact my ABA, Hence I am thinking to lodge it after ABA Please advise on that if its better to lodge FIR after bail? In case If police refuse to take FIR, What is procedure to submit application via court so they will lodge FIR? Can I submit in court myself? There are attempts of threats and blackmailing by my in-laws during Women cell process? Can IPC384,120B can be applied to them? If I file divorce, Can divorce application can be filed with any other charge like blackmail/threatening? I am also thinking of Quashing False 498a/406/34/323/506? What is procedure and timeframe in Mumbai High court? ( I have documentary evidences for each allegation) Recently I came to know false DV also filed? Can DV be quashed in High court?
Asked 8 years ago
1) wait for filing of charge sheet
2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
3) better engage a lawyer
4) if you are threatened by in law lodge complaint under section 506 for criminal intimidation
5)you can file for divorce on grounds of mental cruelty
6)wife constantly threatening husband with filing of false cases amount to mental cruelty
7) quashing is to be done only in exceptional circumstances . court would direct you to face trial
8) for DV case you can apply for discharge