Legal Question in Family Law in India

What is the recourse when:

1. A case is booked by the police dept without following the rules and favouring the complainants in Section 498-A case?

2. Whether such case can be quashed under Section 482?

3. Whether the complainant is liable to pay the accused damages if the case is quashed by the higher court.

4. What is the punishment/penalty to the false witnesses and also the doctor who gives false certificate in this case?

5. What is the punishment to the complainant giving false complaint to avenge some issues with the family/husband.

regards,

ak rao

bangalore


Asked on 10/09/10, 7:12 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

1. A case is booked by the police dept without following the rules and favouring the complainants in Section 498-A case?

No answer required

2. Whether such case can be quashed under Section 482?

If the rules are mandatory and not directive in nature and non-following of rules has caused prejudice, then surely case can be quashed. As suggested earlier, wait and watch. Go for quashing on all grounds collectively.

3. Whether the complainant is liable to pay the accused damages if the case is quashed by the higher court.

Yes, the provision is for both damages as well as for criminal case for malicious prosecution

4. What is the punishment/penalty to the false witnesses and also the doctor who gives false certificate in this case?

For leading false evidence, there is a criminal offence under IPC

5. What is the punishment to the complainant giving false complaint to avenge some issues with the family/husband.

It would depend upon the penal provision

regards,

Read more
Answered on 10/09/10, 7:42 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

one has to go through the contents of FIR before it could be suggested whether it is an appropriate case for filing the quashing of FIR in the high court. in case no offence is made out in FIR, it may be quashed and damages for defamation can be sought.

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Answered on 10/09/10, 8:33 am


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