Legal Question in Family Law in India
quashing 498A
Is there any provision in law to quash IPC 498A, dowry harrasment case?
If the wife files a false compliant on a husband and his family is there any provision to file a counter case on the wife if it is proven it is a false allegation?
If taking dowry is illegal then giving dowry is also illegal? Under what section is it punishable?
4 Answers from Attorneys
Re: quashing 498A
yes.u/s.482 cr.p.c.it is dowry prohibition Act u/s.3& 4.
Re: quashing 498A
taking dowry is different than giving dowry. even demand of dowry is an offence.
if you can prove the allegations to be totally false, you may succeed in seeking quashing of FIR under section 482 of Cr P C; however, chances are very very bleak for you.
better try for an out of court amicable settlement with the girl.
Re: quashing 498A
sec 482 of Crpc provides for quashing of complaints. However you have to prove beyond any doubt that the complaint was false and filed with malicious intention.
Re: quashing 498A
Sec 482 of Cr PC provides you with the quashing of complaints. But matter of fact is that you have to take a stand to prove that this complaint is false or malicious which may take a long time indeed. My advice is to talk with the girl and settle something out of court.
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