Legal Question in Family Law in India

We are in Bangalore. Recently my nephew's wife lodged a complaint with local police station under 498-A. She lodged a false complaint against her father in law, mother in law, husband's sister, and husband's sister's husband. She had left the house around 2 weeks before lodging this complaint. She visited the police station with flase bandages and reported that she went back to her husband's house and all the above accused beaten her up and one auto driver who was standing nearby while she was crying across the road took her to the doctor and got her treated. The complaint of 3-4 pages totally contained false allegations against this kind and gentle husband and his parents and sister and brother in law.

Immediately the boy was arrested and we got bail on next day. We also got the Anticipatory Bail for the other family members.

I today read in this section that the complaint has to be lodged with not less than a police officer of DCP rank and he has to investigate the complaint before preparing FIR. This did not happen. This complaint was taken by the Inspector grade official incharge of the police station. This girl's father reportedly knows some ACP or DCP who called the police station to register the case and proceed with arrest despite the station officer doubting the truth of the complaint and bandages.

The damage has been done to the family. How can we go ahead and get rid of this false complaint? Whether the police did their job rightly and what is the remedy. Whom should we complain? I want Lawguru to advise us on this. I heard in the court and elsewhere that 498A is being misused by many married women for their benefit (as in this case too). This girl has been psychic, arrogant, trouble shooter for the last 4 years after marriage. Whether the sister and brother in law of the husband (who are married 15 years ago and staying away) can be charged under 498A.

regards,

ashok k rao

bangalore


Asked on 10/09/10, 5:48 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

since the bail part is over, in my personal opinion, let the investigation be completed by the police. in case, one is loosing on patience, then, one at this stage may go for quashing of FIR only qua sister and brother in law as they were staying away from the girl - complainant and there are many precedents which would support quashing on such ground. the import piece of evidence one has to look forward to is the recording of evidence of the scooter driver and/or the doctor who did the bandage. If the investigation is completed without recording the statement of any such doctor etc. it would become easier for quashing of FIR qua others also. Rest, it would depend upon the contents of the complaint and the investigation done in support of such allegations.

Read more
Answered on 10/09/10, 6:13 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

498a is being misused and the lawyers are here to help you in case it is found that the case is prima facie false and fabricated. the quashing of the f i r can also be done through intervention of high court u/s 482 of crpc.

Read more
Answered on 10/09/10, 8:44 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India