Legal Question in Family Law in India
498A-ijac
My filed a false 498A on me, my parents(living away), sister (living away with her 2 childern), brother (living away). She played some dramas and filed the complaint. We had every proof that we are innocents. I want an immediate remedy, so that all my parents, sister, and brothers names should be removed from this case. charge sheet is yet to be filed. CAN WE URGE HIGHER COURT TO ENQUIRE INTO HAPPENINGS (SHE PLAYED DRAMA and TOOK all our parents gold from our house). we can prove that what she played is drama, and did intentionally. WHAT WE HAVE TO DO to remove the other's peoples names??
5 Answers from Attorneys
Re: 498A-ijac
criminal proceedings you can not do any thing "immediately". It has to take its own course.
The first action would be to apply for and get anticipatory bail/bail for all named persons, which could be granted,if the facts as stated by you can be proved.
Next would be to file for quashing the complaint, if not in the same court, then in the high court
Re: 498A-ijac
Thee are two solutions :
(a) you can meet higher authorities in police and explain your stand; they may not include names of other persons in the charge sheet (Final Report) to be filed in court u/s 173 Cr. P. c. for sending the case to trial.
(b) they may also approach the High Court seeking quashing of FIR against them if they live separately and are not involved in any offence.
Re: 498A-ijac
You have not disclosed the information whether complaint/or inquiry is pending or the case has been registered.
For removeing the names of persons stated in this qurey you may file the relevant documents showing their non presence either to investigation officer and in case if the case is registered than you may file the case for the same purposes in High Court under sec.482 Cr.pc. You have to fight the case defending yourself & to prove the case false. For further query contect me.
Re: 498A-ijac
if you have sufficient proofs then consult a lawyer and move to high court for quashing of FIR but be sure that u have sufficient proofs as if u failed to prove and FIR is not quashed then you may face harder difficulties.
Re: 498A-ijac
Approach the High court of your state to get the proceeding quashed u/s.482 Cr.p.c.