Your options are as below…
1. If charge sheet is still not filed, then police can file “B” report for your father. For this you have to influence the police by the way of bribe, influence etc
2. If charge sheet is already filed then try for exemption under 205 of crpc
205. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of’ the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of’ the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
3. You can also file an application under 227 of crpc for discharge if the case in the court of session or under 239 of crpc if the case in front of magistrate. Read below judgment to understand about discharge under 227.
Under 239 crpc slightly different stand is taken but principals are same.
4. You can also prefer an application under 482 of crpc in high court or under article 226/227 of constitution of India, as the case may be for Quash. Even if the quash did not succeed, you can ask for a prayer to High Court for a prayer to exempt father citing his age.
5. If nothing works then atleast you can move application for temporary exemption on every hearing date and if the magistrate is liberal then atleast 2-3 dates your father can skip.
What is 498A?
- Section 498A was inserted into the penal code in 1983 it reads:Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.In practice, cruelty is taken to include the demanding of a dowry. This section is non-bailable, non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable (i.e. the police can arrest the accused without investigation or warrants) on a report from a woman or close relative. Another examples of a cognizable law in India was the Prevention of Terrorist Activities Act.Police often file charges against the husband, his parents and other relatives (whoever being named on the complaint by the wife or her close relatives) and put them in jail. There is no penalty (even a fine) for filing a false case. Many individuals have claimed this is being abused by the wife or her close relatives.In urban India, the majority of families have adequate knowledge regarding section 498A of the Indian Penal Code, 1860. The Malimath committee in 2003 proposed making amendments to this section although such amendments have been opposed by women’s groups. The Centre for Social Research India has released a research report opposing amendments to section 498A. According to this report, in the studied cases there were no convictions based solely on section 498A. Although the report states that 60.5 percent of the studied cases were falsified. They also state that many people believe the law has been abused by “educated and independent minded women.” A police official asserted that in his district one-third of dowry murder cases were found totally false by the police.
On 20 July 2005, Justices Arijit Pasayat and H.K. Seema of the Indian Supreme Court declared Section 498A to be constitutional.”The object is to strike at the root of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin’s weapon. If [the] cry of “wolf” is made too often as a prank, assistance and protection may not be available when the actual wolf appears,” the Bench said.
Several reports of the abuse of Section 498A have involved couples based outside India especially in the US. The United States Department of State has published the following travel warning: A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen’s inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States.
In a well publicized case, Dr. Balamurali Ambati, who earned his MD at age 17, and his family were detained in India for over 3 years in a suit related to alleged dowry demands by the family for his brother’s wife Archana, which delayed Dr. Ambati’s entry to the ophthalmology program for 2 years, leaving him to begin his residency in 1998. All charges against him were dismissed in October of 1996 and all his family members were acquitted in June 1999. During the course of the trial the Ambatis produced a tape in which the father of Archana, demanded US $500,000 to drop all the charges although the details of this particular case are still debated in India.
Section 498A in itself is, however, not meant to deal specifically with dowry — it is commonly considered to be a ‘dowry law’ because domestic violence against a wife related to dowry demands is considered to be within the scope of ‘cruelty’ envisaged by the Section.
Why 498A is dangerous?
- Because this section is non-bailable, non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable (i.e. the police can arrest the accused without investigation or warrants) on a report from a woman or close relative.While arresting accused under this section police does not consider age, ailments or gender.
I have not taken dowry, So am I safe?
- Absolutely not. In fact there have been instances where husband and their family have taken dowry by demand draft but the court have acquitted them. The point is, whether you have taken dowry is not important. If husband is demanding dowry then there is trouble.
What is difference between dowry and Streedhan?
- If wife and her parents say it is stridhan it is stridhan and if they say it is dowry it is dowry. that is all. There is no record of either. However, Rules framed under DP ACt clearly requires preparation of presents list at the earliest and signed by both the parties. This is never done. At least, I have not come across one such.Dowry consists of all articles which are given to the side of the groom by the brides side in consideration of the marriage either before or after the marriage. Whereas stridhan involves all articles given only to the girl by both the groom as well as the brides side either before or after the marriage. Hence all the items given to the girl on roka, sagai and even on muhdikhai form a part of the stridhan. Misappropriation (ie retention) of these items constitute an offence u/s 406. Now having said that , it means all the items like watch, ring, chain even given to the groom also constitute part of dowry, but recent supreme court ruling has cleared the air on this, it says that all items which are gifted or presented out of custom and tradition doesnot constitute as dowry.
Can RCR be converted to divorce if she refuses to come back?
- Contact us for this query.
How can one prove this gifts did exchange hands but there is no dowry harassment?
- There cannot be a straight jacket formula of proof. Much depends on cross examination of the witnesses to DEMOLISH THEIR CASE; TO ELICIT TRUTH; TO MAKE THEM ACCEPT YOUR CONTENTIONS; TO IMPEACH THEIR EVIDENCE. Facts of the case decide this question to a greater extent.
How can one prove say dowry/stridhan/gifts does not mean dowry harassment?
- Harassment is what is stated in complaint and 161 statements. They cannot go beyond their own statements. Prove their statements wrong and that is it all about.
What are the symptoms of 498A?
- Phases1.Symptoms – Observation2.Preparation3.Execution phaseObservation Of her Symptoms
> Adamant and careless, don’t listen but argue.
> Threaten you and uses words like complaints, courts, police, influence, referring to relatives or your FILs friends having political power or Police power etc.
> Making telephone call without your notice, talking over phone with low voice (whispering).
> Conveying vital information of your house about travel plans, about property related information etc.
> Very keen on her belongings, her gold, her articles.
> Talks of Her vs Other in your house (including you). Perception of She and her parents.
> Talks of visiting her parents place on her own interest (usually not known)
> Making a plan for her trip to her parents place / native.
> Going out with out telling you or other members in your house for her preparation.
> She fights and leaves you to hometown.
> Wife’s side starts demanding money.
Note: When you see symptoms, you should get into Preparation phase. Your Preparation
> Custody of document, bills (telephone, credit card..etc), bank account information, security bonds, property information, photos, cards, gold, and belongings.
> Knowing arsenal and preparing the arsenal
> Knowing contact of local station police and lawyer
> Establishing rapport with local police, SIFF or related.
> Studying 498a, DV law
> Prepare for an onset of attack.
> Your Execution
> Filing RCR, Anticipatory bail, Securing Properties, Secure Accounts, In accessible and change of address, Mislead and Misguide about assets gold etc. Only expenditure and details and preserve the bills, Evidences and Proofs. Use war tactics to recover the ground.
> Dispose all the properties – vacant land or the houses which are on your name or your father’s name. Do not transfer them to any of your relatives including your mother; sell them out. Don’t worry about the properties belonging to your women relatives – mother, sister, etc.,
> Close all the bank accounts known to her of yours and your parents, sisters, brothers, etc. Transfer the money to some other bank which she doesn’t know.
In accessible and change of address
> Change the correspondence address of all to your office address. Like banks, mobile bills, credit card bills, etc.
Secure and Mislead assets
> Take the jewelry out from all the bank lockers and put them in a different bank locker which she should not know. And in the locker that she knows put some fake jewelry and fake Fixed Deposits or postal deposits. Let her take them and claim. The banks will run behind her.
> Buy everything using credit cards, even the groceries & food items from the super bazaars, etc., Do not use cash.
> Keep all the bills. Every small bill.
Evidences and Proofs
> If you or any one of your relatives have gone through violence, then take photos of any marks and keep the doctor bills & prescriptions and ask the doctor to mention about the injuries you had.
> Try to make recordings. Use Phone recording facility for the phone calls and use the Electronic gadgets for recording.
What are the precautions of 498A?
- Anticipatory bail.
What is ‘B’ report?
- B Report is, as it is generally called, is the report filed by the police that there is nothing to investigate and the complaint is a mistaken fact as provided under 157(b) of CRPC. Once this is accepted, the case is closed. However, the police is duty bound to inform the defacto complaint about such a report and if the defacto complainant is aggrieved, they may prefer a protest petition. AFter the information to the defacto complainant and the protest pettiion filing time is over, the case is deemed closed.Once B report is accepted, you just proceed with yoru divorce petition or child custody petition or any other petition as you like, if you so choose. Your proceedings are independent of criminal case you referred157. Procedure for investigations.(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may by general order, prescribe in this behalf, to proceed, to the spot, to investigate circumstances of the case, and, if necessary to take measures for the discovery of the offender:Provided that-
(a) When information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the office in-charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) If it appears to the officer in charge of a police station that there is sufficient ground for entering off an investigation, he shall not investigate the case.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements to that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the information, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case of cause it to be investigated.
What happens when the police submits B-Report to Magistrate court? Can wife re-open the case again by objecting at the time of hearing?
- Yes, she can complain to the magistrate that police has not done proper investigation and in that case magistrate can frame the charges on his own or direct to some other police station to investigate the matter.
After B-Report is filed in the magistrate court, is that case has gone completely weaker?
After B-report if I want to close the case faster way, what is the best way?
- Approach the same magistrate court under section 239 for discharge. Approach the high court under CrPC 482 to quash the case.
Wife can give some letter to close the case ……etc ?
- 498a is compoundable, so even if wife wants to close the case she cannot. Only the high court hs the power to quash the case.
I have 498A on me, What should I do now?
- Please remember 498a is a criminal offence. We hope you and your family members on whom 498a is there, have evaded the arrest. Apply for AB immediately. Contact a good criminal lawyer and get in touch with us and local SIFF team.
My wife has filed 498A on me, Can she file once more 498A on me?
- There has been several cases reported where girls side have filed more than one 498a cases but in different jurisdiction. You have to approach the higher court to quash such cases stating that the only intention of wife is to harass by filing multiple 498a cases.
Is gift for the new born baby dowry?
- Does a gift remain a ‘gift’ if it is not freely given? The Supreme Court has ruled that a demand for gifts for a woman’s newborn by her in-laws may not be regarded as extortion of dowry. The court made this observation while acquitting Narayanamurthy of Karnataka whose wife had killed herself in the second year of marriage, shortly after the birth of her daughter. She was allegedly driven to death by her in-laws who asked for a gold ring and silverware for the infant’s thread-changing ceremony. Mr Narayanamurthy and his parents were tried under sections 498A (cruelty), 304B (death within seven years of marriage) of the Indian Penal Code, and sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. Initially acquitted by a trial court, Mr Narayanamurthy was convicted by the high court, but the apex court quashed the judgment because of insufficient evidence.Last year, another Supreme Court ruling had distinguished between legitimate demands for domestic expenses from married women by their in-laws and extortion of dowry. Household expenses, dowry, and gift – all three demands are poised precariously between the innocuous and the coercive. Given the economics of marriage in Indian society, a subtle shift of emphasis might turn a request into a threat, persuasion could give way to oppression. These rulings, however, come in the wake of an increasing scepticism with personal laws. There is a persistent anxiety with the domestic violence act, which, many suspect, could be manipulated to extract personal revenge. The bill for the prevention of sexual harassment at workplace is now expected to have a proviso to discourage those women who might try to frame their male colleagues. The reality is more layered than what it is made out to be. Women in India exist on the cusp of legal reform and victimization. It is easy to conceive of the legitimate and the illegitimate as opposed to each other, but in real life the former might give sanction to the latter.
My wife threats me that she will complain to police by filing 498A?
- Immediately give a complaint to the police commissioner’s office and apply for anticipatory bail for your self and your parents in magistrate court. In some state’s (e.g. UP) AB is not applicable but you can move an application to the high court for “arrest stay”.
Which type of girl files a 498A?
- One simple thumb rule is: The girl’s mother is dominant with a big ego (or short tempered) and her father is a henpecked husband. This combination makes the house unstable because of over emotionalism. Henpecked men being suppressed develop vicious traits. So, while mother-in-law remains dominant and arrogant, the father-in-law behaves viciously. Girls subconsciously seek men who are similar in behavior to their fathers. So, a girl from this kind of a house has a greater chance to have serious marital problems as she needs a henpecked husband. If the guy is non-assertive and principled (gender equality oriented), then this humility is often considered as a weakness in above kind of families.
- Family: Is newly-rich: Likes to show-off (their house/cars/paintings/relatives/ connections, etc.); Related to politicians/bureaucrats/lawyers/judges/police officers; Has a history of filing cases against anybody and everybody (search the website of the courts in their State of residence); Beats up its employees; Lives beyond its means; Mother’s face cannot be seen beneath the layers of cosmetics; Father acts like a ‘Brown Sahib’; Girl/her sister has been in more than one previous relationship, etc.
- A push for a quick involvement: Comes on very strong, claiming, “I’ve/We’ve never felt loved like this by anyone/or so close to anybody.” An Abusive woman/her family pressures the man/his family for an exclusive commitment almost immediately.
- Jealousy: Excessively possessive; calls constantly or visits unexpectedly: prevents you from going to work because ‘you might meet someone;” smells your jacket for perfume residue, checks your shirt collar for lipstick marks and goes through your pant pockets.
- Controlling: Interrogates you intensely (especially if you’re late) about whom you talked to, and where you were; wants her name on all your assets/control all the money.
- Unrealistic expectations: Expects you to be the perfect man and meet her and her family’s every need.
- Isolation: Tries to cut you off from family and friends; accuses people who are your well wishers of “causing trouble.”
- Blames others for problems and mistakes: The boss/the employee, her ex-boyfriend/ ex-husband, it’s always someone else’s fault if anything goes wrong.
- Makes everyone else responsible for her feelings: The abuser says, “You make me angry instead of, “I am angry’ or, “You’re hurting me by not doing what I tell you.” Less obvious is the claim “You make me happy.”
- Hypersensitivity: Is easily insulted, claiming that her feelings are hurt when she is really mad. She’ll rant about the injustice of things that are just part of life.
- Cruelty to animals and to children: Kills, maims (e.g., tears the wings off a butterfly) or punishes animals brutally (e.g., by kicking them till they bleed). Also may expect children to do things that are far beyond their ability (makes an 18 month old stand in a corner or whips a 2-year-old for wetting a diaper) or may tease them until they cry.
- “Playful” use of coercion during sex: Enjoys initiating and controlling sex, stimulating herself and teasing; asks about your sexual fantasies.
- Verbal abuse: Constantly criticizes you/your family, or says blatantly cruel, hurtful things; degrades, curses, calls you/your family ugly names. This may also involve sleep deprivation, waking you up with relentless verbal abuse.
- Rigid sex roles: Expects you to serve and obey her/her family.
- Sudden mood swings: Switches from sweetly loving to explosively violent in a trotter of minutes or even more confusing, within seconds. You feel as you are walking on “eggshells” around her.
- Past behavior: May not actually admit to hitting men in the past (but may write it in her journal/diary and says they made her do it or the situation brought in on).
- Threats: Makes statements like, “My parents will support me even if I murder someone,” or “A woman is always right/the system should always believe the woman” or “I will cut you up the way a fisherman slices fish” and then dismisses them with, “Everybody talks that way,” or “I didn’t really mean it.” If she has come this far, it is time to get help and get out!
My wife first filed a 498A against me around 2 months back (but the police have still not filed any charge sheet against me). Now she has filed a case also with the State Commission for Women. What should be my next steps? Can anyone help?
- View1 : You can send a reply thro your advocate. It is at best a civil enquiry and the decision do not bind anyone.
- View2: State women’s council have no business when higher legal authorities are investigating the case. Write to them that the FIR is already lodged in the police station and you are co-operating with the investigations and request them to close the file with them , since its a vexatious attempt to harass you by the girls side.
- View 3 : It is illegal under the charter of the women’s commissions to get involved in cases that are sub-judice, that is, those cases that are already filed in the courts. If your case is already in court, and womens commission sends any inquiry, you can reply with a one liner –
“I regret to inform you that I can not comment on your inquiry as this matter is sub-judice (ref: xxxx).
My wife filed a 498A against me and now she is apologizing and wants to me to take her back and she is willing to withdraw the 498A. What should I do? Is it advisable to take her back? What are the Pros & Cons of taking her back?
- Advice: We don’t advice on what you have to do. It is entirely upto to you to decide. Please understand the Pros & Cons mentioned below FYI:
- Cons: Before understanding the Pros first look at the disadvantages:
- 1. There is no guarantee that she will not put a fresh 498A again on you. The 2nd time FIR is even more dangerous. The police & courts will be more severe to you this time as they will be of the view that you have been pardoned once and you again harassed her, even though the truth is something else.
- 2. If first time a false case can be registered and withdrawn there is nothing stopping her to put another false case. Getting bail second time is very difficult as courts think that you have been pardoned once and you again harassed her.
- 3. Even if she doesn’t register the case 2nd time, you will be living under the apprehension that she might put the case again any time. You will be living a tension full life 24/7 365 days a year.
- 4. You will have to desert your parents, your siblings & your relatives as they will be afraid of your wife that she might register the case again on them also.
- 5. You will have to surrender all your salary, savings, properties otherwise you might end up facing the case again.
- 6. You will have to surrender yourself to her and her parents & her siblings and live like their slave otherwise you might end up facing the case again.
- 7. You will have to surrender yourself to her boy friends and give them free entry into your house & matrimonial life and obey their wishes and fulfill their fantasies and become their slave. If you deny you might end up facing the case again.
- 8. You will have to obey her diktat. If you deny you might end up facing the case again.
- Pros: Considering the kind of probabilities that might happen as listed under the Cons section above, we feel that there are NO advantages of taking her back unless you are ready to accept all her wishes/fantasies as listed above and live like a dead man.
How can I fight back 498a?
- Dear all,Nowadays the awareness & knowledge on the strategies to crack the 498a cases have increased manifold among our group members, thanks to the hard work of our SIFF seniors.But, we are getting lot of queries from new members for filing cases against Police, 498a gang etc, as soon as they got 498a against them. Pls. Don’t jump the gun without understanding the dynamics of 498a cases & analyzing the possibilities for the counter cases / attacks.And, if a fight back / counter strategy, followed or being tried, is shared with the group, then new members started asking “N” number of doubts on the strategy.Please, be informed that the strategies are NOT a time tested ones. Everyone is on the same boat with fire on their ass & throwing as many stones as possible at the tree, hoping that some stone may hit the mango.
Based on those lines, we would like to suggest the following points for new members on the activities to follow in their fight back.
1. Find the nearest SIF chapter & attend every meeting without fail.
2. Listen to the discussions to learn the strategies followed by other members, before finalizing one for your case.
3. Please understand, you are not fighting your cases in a UTOPIAN system, where every law & rules are implemented perfectly. Don’t discuss much about the 498a complaint stories, accused list, your innocence to our members, except for the vital points for counter attacks.
4. Go through the SIFF & associate websites to learn about the dynamics of 498a cases. It will take time to understand the dynamics.
5. Go through the SIF Yahoo groups, 498a.org forum, Book of knowledge 498a blog, and blogs on 498a to learn about the strategies followed & implemented in the fight back.
6. Do not make hasty decisions for filing 498a Quash, Counter cases on 498a family, filing Vigilance case on Police, filing RTI to Income Tax department, without analyzing the possibilities for these cases.
7. Study the 498a family members, relatives & witnesses’ profile & background, to launch the counter attack. Around 75 % of the 498a gangs, has got someone working for government (Either in State or Central)
8. If someone from the 498a gang is working for government, it is easy to corner those using RTIs & complaints based on the GOVT. CONDUCT RULES.
9. Visit the websites of State & Central governments, Human rights Commission, State Information Commissions, and Vigilance Departments to learn the more.
10. Constantly look out for irregularities & corrupt practices from the 498a gang’s side for out-of-the-box- counter attacks to build pressure on them. (Ex: In a 498a case from TN, the 498a girl’s uncle was accompanying her in court hearings, when he was ON DUTY. Deliberately, he was not included as a witness to avoid complications for his job. He is working for a private company, which is listed in BSE. But a complaint was lodged to the company’s Chairman, VP, GM Finance, GM-HR, Securities and Exchange Board of India Chief GM & Southern Region GM, mentioning his service misconducts & misuse of public fund).
11. If you decide to use RTIs & Complaints, analyze & draft the same on your own, with respect to your case. Referring others RTIs or complaints is not a right approach, as they are related to a particular case & cannot be used for any other cases. (Some RTI & Complaint Templates are posted in our FILES Section & BLOGS)
12. Based on your family situation, your age, 498a gang’s moves & requirements, other pending cases (DV, Divorce, RCR, Maintenance, CrPc125, Custody etc) analyze & decide, whether you want to push the 498a case fast or delay it as much as possible.
13. Please learn & acquire legal knowledge related to matrimonial disputes, as soon as possible.
14. Please DON’T make any assumptions on the reaction & activities of government officials (IAS, IPS Officers & others) on the complaints. Government machinery is unbelievably supportive, if the right door is knocked with right approach. So, knock as many doors as possible & meet officials & question them, till you get relief.
SIFF – Chennai
- GENERAL1.Sent CrPc 161 witness statements with all the blatant lies to 498a family’s relatives, family elders and neighbours.2.Sent copies of newspaper & magazine articles about 498a misuse, to their relatives, family elders and neighbours.3.Called up 498a gang’s relatives, family elders and neighbours & explained about the false 498a case.4.Complained to Tamilnadu Revenue Secretary, & District Collector about the false 498a case & extortion threats.
5.Complained to State Human Rights Commission on extortion threats by 498a gang, police & lawyers.
6.Complained to Lok Adalat Judges on extortion threats by 498a gang, police & lawyers.
7.Complained to DGP of the state, on extortion threats by 498a gang, police & lawyers.
AGAINST 498a FAMILY
8.Sent RTIs to FIL’s Dept., to get his pay scale & asset declaration details, as per Tamilnadu Govt. Servants Conduct Rules.
9.Sent RTI to FIL’s Dept., to get Compliance of Dowry Prohibition Act, by Govt employees, as per Tamilnadu Govt. Servants Conduct Rules.
10.Sent RTI to FIL’s dept., to get his declaration on list of gifts received for her daughter’s marriage, as per Tamilnadu Govt. Servants Conduct Rules.
11.Sent 12 RTIs to FIL’s office to get his office deliverable, accounts maintenance and Govt. money spending details in last 25 years.
12.Complained to Revenue Dept. on disproportionate asset accumulation details by FIL.
13.Complained to Revenue Dept. to report non-compliance of Dowry Prohibition Act by FIL, with respect to his CrPc statement.
14.Complained to DSP-Vigilance & Anti Corruption Dept.in person, to report disproportionate asset accumulation details by FIL.
15.Complained to State Water Board dept about the use of electric motor to fill water from public pipeline, at FIL’s residence.
16.Complained to Revenue dept. about misuse of official post by FIL to get 10 Birth certificates to his grand son.
17.Complained to HR department of 498a girl’s brother’s company, who had submitted fake certificate to get job.
18.Sent RTIs to Directorate of Technical Education, to get details of the employment of 498a girl, who is working as Lecturer in a private engineering college.
19.Sent RTIs to Directorate of Technical Education, to get details of pending cases, complaints and arrears during graduation of 498a girl, who is working as Lecturer in a private engineering college.
20.Complained to State Information Commission on refusal of information for one of the RTI by FIL.
21 Complained to State Revenue Secretary & District collector on RTI reply delays by Revenue department.
22.Sent RTI to District Collector on actions taken on the complaint on 498a family’s extortion & atrocities.
23.Called up Public Information Officer of FIL’s office & explained the case details & warned about repercussions on PIO, if the RTI replies are delayed.
24.Called up Principal of 498a girl’s college & explained her activities to extort money by filing false case.
25.Visited 498a family’s residence area with completely shaved head, to know the details of the houses they have rented out for Complaining to Vigilance department.( Since 506 IPC also in FIR, i had to go in disguise)
26. Visited FIL’s office with shaved head to watch his activities & befriended a local big shot’s son to set up bribe trap for FIL, as advised by DSP – Vigilance & Anti-corruption Dept. of TN Police.
AGAINST THE WITNESSES
27.Sent RTI to BSNL, to get Pay scale & asset declaration details of one of the witness (Retired), with the intention to complain to BSNL, Central Vigilance Commission & Pension Directorate.
28.Sent RTI to TN State Hand-loom Dept. to get Dowry Prohibition Act compliance declaration for their daughters’ marriages, pay scale & asset declaration details of one of the witnesses (Retired), with intention to complain to Vigilance dept & State pension directorate.
29.Sent RTI to Sales Tax department, to get details of the sales tax paid by the company run by one of the witness.
30.Sent RTIs to one of the witness’s son’s parents-in-laws’ offices (Govt. Job) to get Dowry Prohibition Act compliance declaration for their daughters’marriages, pay scale & asset declaration details.
31.Sent CrPc 161 statements to one of the witness’s son’s parents-in-laws & neighbours.
32.Visited parents’-in- law of one of the witness’s son, & explained their Son-in-law family’s false statements in 498a case.
AGAINST THE INSTIGATORS:
33.Sent RTIs to Police department to get Dowry Prohibition Act compliance declaration for their daughters’ marriages, pay scale & asset declaration details of one of the instigators of the 498a case, who was working as DSP.
34.Sent RTIs to Police department to get details of NOC obtained from govt. to get passport, by one of the instigators of 498a case, who was working as DSP.
35.Complained to Enforcement Directorate to report disproportionate asset details by the retired police DSP, who used to visit USA frequently.
36.Sent RTI to Medical Council of India to get pay scale & asset declaration details of a doctor, who is the Son-in Law of one of the instigators of 498a case.
37.Sent 498a case details & 498a gang’s malicious plans to Sons-in Law’s family of the DSP, who was instrumental in filing false 498a case.
38.Sent RTI to SEBI (Securities & Exchange Board of India), to get details of the leave details and travel expense details of 498a girl’s uncle, who used to attend the hearings, when he is on duty. (Working in a Private Listed Company)
39.Sent RTI to Reserve Bank of India to get locker details of one of witness, who has stored the 498a girl’s jewels.
AGAINST THE POLICE:
40.Sent complaints to DGP, Commissioner and IO (Who registered 498a) to register case U/s 406 IPC for non return of Jewels by the 498a gang.IO refused to accept 3 registered letters. She called me up & asked not to press the 406 complaint & assured for return of Jewels worth of Rs.1.8 Lakhs.IO blasted the 498a girl & her father in my presence, for not informing about Jewels given by me.(All my Jewels were returned before Quash proceeding)
41.Sent RTIs to Police department to get pay scale & asset declaration details of 2 Investigative Officers who filed 2 FIRs.
42.Office of Commissioner of Police, Chennai, sent a warning letter to PIO (Add.Commissioner) & IO, for severe departmental action with State Information Commission’s Recommendation, for non reply of RTI in time.
43.Sent RTI to Police department to get “498a case Registration Guideline Adherence” details by 2 Investigative Officers who filed 2 FIRs.
Judgements related to IPC 498A:
Strategy to fight 498A
Strategy and facts to remember to fight 498A
- Read 498A Survivor Guide below. Click Here
- When you are anticipating 498a, first thing is to get Anticipatory bail. Click Here
- Please note that it is easy to expose the people who lies. So remember that you read the FIR copy, complaint copy, charge sheet, evidence, cross examination etc very carefully. They will make blunder at some point of time and will be exposed.
- Since 498a is filed hence it will be assumed that you are a criminal. So you have to show that you were a caring and loving husband and that you took care of your wife and children very much.
- You have to keep collecting evidences. Some of the evidence you may think is not effective but remember that each piece of information will be somehow or other helpful to you at some stage.
- Do not miss any legal avenues available. File counter cases under following sections.
- GATHER PROOFS
- RECORD PHONE CONVERSATIONS, OPEN CONVERSATIONS ETC.
- KEEP STALLING TALKS TO MAKE THEM FRUSTRATED
- Use RTI effectively
- Track your wife’s activity, her job profile and details, spy on her
- Go to the courts to understand the judges mind set , where ever your cases is going on.
Different modes for cracking 498a case:
- Following the trial & proving innocentAdvantages:
- Text book method by following judicial system & get the formal acquittal order.
- During trial, we can file perjury U/s 0 & Defamation suit, which will destroy the 8a family completely.
- Scope for financial compensation thru defamation suit.
- Time consuming; have to be patient with great Indian Judiciary’s efficiency.
- Will take anything between – Yrs.
- Need to cope up half baked lawyers.
- Filing counter-cases against 498a familyAdvantages:
- By giving the same medicine to the opponents, 8a case may get over in short time.
- Very delicate in nature. Needs to do lot of home work & legal analysis before retaliating with counter-cases.
- Costly affair & time consuming.
- Counter-cases may back fire, if not launched properly.
- Some counter-cases may be of cooked nature, which will be a “misuse of law”.
- Complaining to higher authoritiesAdvantages:
- Taking the case details to all levels of higher authorities such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income tax Dept. etc, will solve the case in shorter time.
- Cheaper mode & can close the case in shorter time duration.( 6 Months)
- Can handle without much legal aid.
- This mode will be applicable based on 8a family members’ profile.
- Complaints have to be placed immediately after the threats.
- Government machinery may not work with expected efficiency.
- Using rti applications aginst 498a familyAdvantages:
- Cheaper mode & consumes relatively lesser time to close the case.(5 – 6 Months)
- We can screw the 8a family royally, with this “Legal Cruelty” tool.
- May cause irretrievable damage to the opponents, apart from closure of 8a case.
- Can handle without legal aid.
- No limit & can fire numerous RTIs based on the opponents’ profile..
- 8a family members or witnesses needs to be government job.
- Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
- Government machinery may not work with expected efficiency.
- Very indirect method of attacking the opponents.
- Filing Tax Evasion Petition aginst 498a familyAdvantages:
- For sure this will og against the 498A family as it will expose their false allegations
- We can screw the 498a family royally, with this “Legal Cruelty” tool.
- Can handle without legal aid.
- Fire numerous RTIs based on the opponents’ profile and fast track the TEP investigation..
- Will not work when less amount is claimed as dowry
- Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
- Government machinery may not work with expected efficiency.
- Very indirect method of attacking the opponents.
Templates & Citations:
what to do if wife bribes police not to serve 498a summons and as a result due to non-appearance an NBW is issued ?
There is nothing to worry and panic in case NBW is issued by Magistrate court due to Non-appearence in the case. The NBW issued in cases is to secure the presence of the accused to proceed with the trial rather than to send him to JC. All you need to do is appear on the said date to the Court. Alternately if you come to know of the NBW then your advocate need to file an application in the magistrate court for advancement of the case and you can appear on a prior date in the court. Aall in all there is nothing to worry.
Does acquittal in 498A help in getting divorce?
- Acquittal in 498A will help you to get divorce though not necessarily. You need to keep in mind that definition of cruelty is different in Divorce [HMA] and 498A. The cruelty defined in divorce is gender neutral but cruelty defined in 498A is one way. You have to relate the observations of the criminal court in 498A to argue in the divorce case that those false allegations have caused mental cruelty and if you were jailed in the 498A and get acquittal then in divorce it definitely helps. All in all there is no formula. It depends on many factors; Judge, facts, evidence, how cross was done but most importantly above all is your luck 🙂