This Q-A session related to Section 498a cases will help you understand and clear your doubts about how to act when a complaint is filed against you. I will help you fight your cases in proper manner.
Q. 498a complaint is charged on me. What Should I do?
A. If you get any call from Police department, receive any kind of summon or your wife threatens you to file police complaint against you, then it is very much possible that she is planning to file 498a on you. Follow these points and it will help you to handle the situation:-
- When you receive any call or summon, you can ask the person bringing the summon that who has made the complaint. Check the summon that which section has been imposed on you by the complainant or it is just a normal summon. If the complaint is under any section, then there is a possibility that FIR may have been registered by the police and you will be called for the investigation.
- Do not ignore the summon that you receive. Face the situation instead and whenever Police calls you, just go and put your side in front of them. Don’t panic and just stay calm. You should tell relevant details only. Try to get the complaint from police to read and also try to get the copy of it.
- There is a possibility that after listening to your side of story, IO sends the matter in mediation to resolve the matter or he may provide you a date on which mediation can be done under him or his senior.
- At the time of mediation, opposite party will be present there. Just stay calm & listen to their side of story carefully. Try to prove their allegations false. The purpose of mediation is to make settlement between both the parties and police cannot register any case. This may happen that opposite party may try to blackmail you for the compromise. If you are going for the settlement, make sure that nowhere it is being written that you are doing physical torture to your spouse and you will not repeat this in future because this will act as your confession that you have been doing all this in past.
- In mediation, protect yourself from blackmailing of the opposite party as it may be a problem for you in the future. If you go for any compromise or settlement, try not to bring her back in your parents house. Rather convince them that you will stay in the rented house and your wife will also stay with you in the rented house. This should be done to save your parents from further complaints if made by your wife in future. After Mediation, do collect the certified copy of Police’s closing report from RTI for your record.
- If your mediation fails and no settlement is done then do take another date from police station. You should tell them that you want to give a written statement where you can present your side of story. It is very important to have the complaint copy with you.
- Now you have to file a RTI whether you get the complaint copy or not because it is very important to get the certified copy of complaint in your hand. File the RTI under Life & Liberty section to get the complaint copy in next 48 hours. If you do not get the complaint copy in 48 hours, you can file the appeal to first appellate and to second appeal Information Commission.
- If you get the copy of complaint, read it carefully and check on whose name the complaint is filed and all the names of the family members included in the complaint. Note all the allegations imposed on members of your family. Like, Write name of member mentioned in the complaint and below it, write the allegation imposed on them. This activity is done because your family members whose names are mentioned in the complaint, will file a written statement so that they can prove all the allegations wrong and can put their side of story.
- Family members who are included in the complaint and if they do not stay with you, then mention in their written statements that they do not stay with your wife and all the allegations made by her are false.
- Make sure that you have to prove only the allegations false which are mentioned by your wife in the complaint. Do not write anything extra from your side because any new thing mentioned by you can be a problem for you. Police can have a doubt on you and can register the case.
- You have to prove all the allegations false in your written statement and you have to mention those facts which can prove that you are responsible and taking good care of your wife & Children. Also attest some evidences such as your honey moon photos, an outing’s photos or any family occasion’s photos.
- If you have made any banking transaction from your account to your wife’s account or any of her relatives account, then do mention this in your written statement. Also attest your bank statement with the same.
- When you are ready with your written statement along with your family members statements, then do send a copy of it by post to the Police station where inquiry is being going on and one copy will be given to the IO on the date when you are being called at the Police station. Do attach a covering letter with your speed post in which you will mention that I am submitting my written statement on behalf of the complaint and allegations made against me. It is my request to the Police Authorities to take any further action after considering all the facts and details present in the statement.
- After filing the written statement and sending it through speed post, prepare a complaint that a false complaint has been filed against you to harass you and your family. You have submitted the written statement against the false complaint in Police. You have to mention some facts & details in this complaint which you had written in your statement. You have to write that Police authorities should be directed towards right kind of investigation and should close this complaint. A strict action should be taken against the person who has made the false complaint. This Complaint should be sent to State & National Human Rights Commission, Police Commissioner Office, Chief Minister Office, Home Affair Department, Women Commission If your mother or Sister are also involved in the Complaint, District Magistrate if your parents are Senior Citizen.