Legal Question in Criminal Law in India

counter case

my brother wife registerd a false 498a case to my brother, me & my mother. but after producing the charge sheet the police dont frame the charge to my mother & me. can we file a counter case.


Asked on 9/29/08, 11:09 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: counter case

No, you cannot file a counter case. Rather, she still has the remedy of initiating proceedings against you under DVA. It is better to bring an end to the entire dispute by way of amicable settlement. The family should make efforts to settle the issue - either by persuading the lady to return to the family home or for a mutual dissolution of marriage and payment of one time compensation/alimony etc.

The litigation you are contemplating shall be most likely fruitless, time consuming and waste of money, the result being totally unpredictable.

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Answered on 9/29/08, 1:21 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: counter case

Yes you can

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Answered on 10/03/08, 10:33 am
Shrichand Nahar S.V.Nahar, Advocate

Re: counter case

Concept of counter case is absent in criminal matters.

In cases where false criminal case filed, victim can take recourse to section 340 Cr.P.C. Depending on the facts and circumstances of the matter, other recourse may also be explored.

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Answered on 9/30/08, 4:25 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: counter case

well u can file compensation suit for malicious suit

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Answered on 9/30/08, 9:59 am


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