The provision of 498A was introduced to ensure the safety of women and to stop the increasing cases of dowry deaths. However, the law once made to protect them is now being used as a weapon by some women. False 498A cases are very common nowadays. The harassment of the husband and his family members start as soon as a false case under Section 498A of the IPC is filed.
In the following article some of the methods through which an individual can deal with a false complaint filed against him.
Anticipatory Bail-
As soon as you know that a false case under 498A has been filed against you, or you believe that the police are going to arrest you, then in such a situation you shall first of all contact a Divorce Lawyers In Banglore or your city so that you can apply for anticipatory bail in the session’s court. After anticipatory bail has been granted by the court, you cannot be arrested for the time being.
Section 482 CrPC
If a case under Section 498A has been filed against you and you feel that the claims filed in it are false, then in such a situation you may approach the High Court to quash a such FIR. If the High Court believes that the FIR filed is based on false accounts by the complainant and the intention behind filing such application was to harm your reputation, the High Court can order to refute such FIR.
The Supreme Court in the case of [Geeta Malhotra v Institute of U.P.] held that in cases filed under Section 498A of the IPC not only the husband but the whole family also gets affected. The court observed that in case it is not mentioned clearly how the in-laws harassed the complainant, and then the High Court shall quash the FIR.
Section 340 CrPC
As provided under this Section, if a case has been filed against an individual based on fake allegations or false evidence, then the defendant can file an application under Section 340 of the IPC against the other party. Thus, if a false case under Section 498A of IPC has been filed against an individual, or even in the case of domestic violence, false charges have been filed, the defendant can apply under Section 340 of the IPC.
Approach Higher Courts
If a judgment has been passed against you by a lower court and you are not satisfied with the judgment so passed, then in such a situation, you may file an appeal in the higher courts. Say for example, against a judgment passed by a Magistrate, an appeal can be filed in the Session’s Court, similarly against a judgment passed by the Session’s Court, an appeal can be filed in the High Court.
It is advised to seek the opinion of an experienced Divorce Lawyers In Hyderabad, before deciding to take any action, as you are being charged with a criminal case which may affect your reputation in society as well as would affect your career and life as well. Hence, it would be helpful to have a planned course of action against the charges filed against you.
Reconciliation
In the issues related to family as well as marital relationships, the courts generally suggest reconciliation, as further progress with the court case would obviously have a negative effect on the familial relationships of the party.
In case a fake case is filed, then in mediation, the issues could be sorted or the false accusations made would come to light.
Conclusion
The Dowry Prohibition Act, 1961, provides that giving or accepting dowry is an offense in India. The punishment for violating the provisions of the dowry act is 5 years of imprisonment as well as a fine of Rs 15000 or the value of the dowry given.
Though the Act was introduced to provide a safer environment for females, however, now it is also being used as a weapon to either blackmail the in-laws or harass the family of the husband during the divorce proceedings.
In case you wish to file a dowry case or representation against the false dowry case filed against you, you shall seek assistance and legal guidance from an experienced Divorce Lawyers In Jaipuror your city. Lead India offers you a team of experienced advocates for the same, if you wish to seek legal guidance or opinion for the same, you may contact us.
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