Dear all, My marriage happened in 2015. I stay in Chennai and my parents live in a in far away town. My sister and brother-in-law stay in a different house in my locality. My wife has the habit of filing false cases as and when she is not comfortable in matrimonial home. First time in 2017 she filed 498a, maintenance case against me, my parents , my sister and brother-in-law. Then in counseling took back the cases and returned to matrimonial home in 2018 June. When she returned, I had some suspicion about her intentions and recorded her conversations. This time to avoid risk none of my family members visited matrimonial home nor had any communication with her. However after 5 months she again went to her parents house. I sent a legal notice asking her to return. She gave a response stating that she came out because I harassed her and started filing cases. To make my version clear I made a submission to the superintendent of police at her parents place mentioning that I have evidences to prove my innocence and direct concerned police officials to consider same before registering FIR. The women's police station called us, but did not take any evidence from us. Simply lodged fir under 498a with dp act removing my sister and her husband names. The charge sheet is also filed in similar lines. Then my wife filed a protest petition seeking to add names of my sister and her husband. Now the protest hearing is going on and the case is not moving due to Corona. Meanwhile I approached the sp office under RTI about the action taken on my submission. They acknowledge the fact that I made submission and directed the women's police station to send me how my application is disposed. The concerned police station responded that we have filed the fir on the basis of complaint given by your wife and charge sheet is filed with court. You are at liberty to submit the evidence before court. With the evidence and fact that police negligently ignored the facts and evidence in my custody, can i file a discharge petition for all our family before court now or do I have to wait till the protest petition is disposed. Please advice me if I can approach high court to quash this 498a with dp act case. Also let me know any other option available.
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Yes, it would be better to challenge the chargesheet and seek stay on trial of this 498a by way of approaching the High Court.
No need to wait for the outcome of the protest application filed by her seeking deletion of name of your sister and your brother in law.
There's great chance that you will receive some relief from the High Court.
Dear Concerned,
Her protest petition need to be contested from your end, put your energies towards that, HC generally does not interfere in the 498A cases and may not quash, best is to contest your 498A case and try to get it fast tracked. As a matter of record the complainant fails to establish her allegations in a 498A case and hence try to delay the case.
In your matter contest the case.
Best of Luck
Quashing is to be done only in exceptional circumstances
you are at liberty to file for discharge before trial court
better wait till protest petition is disposed of
Dear Querist
Immediately file a writ petition under Article 226 of the constitution of India before the HIGH COURT of the area where the case is pending and claim your documents cum evidence be the part of the charge sheet.
when the High Court directed the police to file your evidence with the charge sheet then you may argue the matter on charge and file an application for discharge before the trial court.
Feel Free to Call
It seems that she habitually files cases against you and doesn't want to live with you/on her own terms. File a fir quashing petition stating all the previous events. High courts rarely quash FIRs but you have a remedy and you should avail it. Ask the court to send the case for mediation and final settlement/divorce in case it doesn't quash the fir.
As the names of sister and brother in law are removed from charge sheet against which she filed protest petition, you cannot seek their discharge of quashing of charge sheet against them. Let the protest petition decided, it may quit possibly dismissed by the trail court. Only when the protest petition is allowed you can seek quash against all. But you can still seek quash in High Court or discharge from trial Court.
Dear Sir,
1) You should wait for the protest petition to be disposed, as if decided against you, the brother in law and sister will also be needed to be included in discharge petition.
2) You can file a discharge petition.
3) If not discharged you should contest the 498 A petition.
3) HC rarely quashes 498 A cases. Preference is given by HC to go through entire trial.
Thank you
The FIR and supporting materials has to be examined before offering a solution. In light of the current predicament it is not advisable to approach HC.
Regards
G.Rajaganapathy
High Court of Madras
The police is not bound to take the evidence submitted by you at the initial stage, they will investigate the matter and proceed with the charge sheet if the find that the offences are made out.
The FIR and the charge sheet will be based on the complaint as well mas the investigation report.
Hence there is no point in finding any fault with the police at this stage, you may have to challenge the false cases on the basis of the evidences you rely upon, before the trail court only.
If you feel that the evidences in your possession are substantial enough for the court to consider your discharge petition, you may file the discharge petition or quash petition before high court.
If both the attempts fail, you may challenge her false allegations during trial proceedings before the trial court.
You may file a petition for discharge based on the evidence available on hand. Simultaneously, you may approach the High Court for quashing the FIR.
- Since, there is already FIR under section 498A has been lodged , then you should apply for getting anticipatory bail from the court.
- Further, as the charge sheet is filed , then you can file a protest petition for discharge from the offence before the same court.
- If rejected , then you can approach the High court for quashing the FIR or against the order of trial court.
- Not to discourage you but HC rarely quashes 498A cases.
Your evidence can not be taken by HC but at trial court only.
Police does not take evidence of opposite party, they just have to put chargesheet if there is evidence for allegations made in FIR.
- You can file a discharge petition but as of now it can be filed for you and your parents.
Your sister and brother-in-law are still not there.
Hence better you wait for the protest petition decision.
Basically police removed there names because no evidence was found.
But it is also possible that your wife not gave complete evidence to police.
According to decision of protest petition, you can file discharge petition.
- If not discharged you have to contest the 498 A case.
1. It is not understood as to what type of evidence you are holding against your wife's said complaint lodged against you.
2. However, you shall have to submit the evidence before the Court hearing the case filed against you.
3. If your evidence is too strong to make her complaint lodged against you frivolous, you can file a petition u/s482 of Cr.P.C. before the High Court praying for quashing the FIR.
4. Once the FIR is quashed or the FIR is dismissed by the trial court, you can lodge/file a complaint/case u/s211 of IPC against your wife for her lodging/filing false complaint against you for causing damage to you.
1. It is trite law that at the stage of adjudication of discharge petition the documents of defence cannot be examined unless those documents have been made a part of the record.
2. When FIR was filed despite your representation by ignoring the documents sent by you then you ought to have filed a petition for free and fair investigation before the High Court and sought a direction to the IO to make your documents part of case diary and submit them to the court at the time of filing chargesheet/final report, but you missed the bus by not availing this remedy.
3. It is too late in the day now to file a petition for quashing of FIR when the chargesheet has already been filed.
Dear Sir
If the trail court decides against your sister and her husband then they may approach High court for necessary relief.
