If your wife has imposed 498a, 406, 323, 504, 506, 354, 377, 307 etc. type of sections on you for dowry harassment, then how a husband or wife can quash these cases at the earliest will be discussed in this article.
Both Husband and wife while filing cases are aware of the facts about how much authentic their case is, how much evidences they have to prove themselves right in the court. Police department works on the basis of allegations you put on each other but Court solely demands evidences.
If we talk from wife’s side, you have evidences or not, that completely depends upon you. If you have filed section 307 attempt to murder against you husband, but you are unable to prove it in Court as you have no evidence regarding the same. Section 377 or section 354 is the sections filed to harass your husband but you have to prove the offences made by your husband under these sections with evidences in Court. You have to provide complete facts and details, dates & events, witnesses of offences that come under these sections.
It is advisable for both Husband & wife that If you both know very clearly that your relationship has no scope left for cohabitation & living together is not possible or the cases you have filed are false and you have no kids also, then both of you should go for compromise at the time of mediation. In my opinion, spending 4-5 years & 3-4 lakhs in 498a case is not a good option. In March 2020, HC has passed a judgment where if any women puts false cases on her husband & it is being proved in Court, then as a punishment in return, Divorce will be granted to husband, no maintenance will be given to wife, defamation case can be filed on wife from husband’s side.
Compromise at the time of mediation can be done on 2 conditions:-
- If Husband or wife are ready to stay together.
- Husband or wife has decided to separate for life time.
In first Condition, if both have decided to stay together then an agreement will be made where both Husband & wife will put their legitimate demands. Both Husband & wife are bound to adhere by the agreement and spend their life peacefully together.
In second Condition, if Husband & wife decide to get separate from each other & the wife is well educated & working, it is advisable to file for Divorce with mutual consent. Mutual Consent Divorce is much appreciated as there are more chances of getting permanent alimony by wife.
Now after the compromise, How the FIR or Charge sheet filed against Husband can be quashed?
When the compromise is made between the parties, the already filed 498a FIR cannot be quashed by Police, therefore it is forwarded under section 482 CrPC High Court. Since HC has a busy Schedule, it transfers the case to Investigating Officer. IO verifies the Compromise & agreement done between the parties. If the IO gives the positive report then the quashing of FIR can be done under section 482 CrPC.
We are facing harassment by fake 498A case.we have no idea about police stations,courts and its procedures.
One thing Rich boys should not marry educated girls of poor familys.
You can seek legal advice help from our helpline for men no. 9811850498
2020 का हाई कोर्ट का फैसला का ऑर्डर कहां मिलेगा कैसे।
Please refer http://www.shoneekapoor.com
Mere aur mere wife ka 498A ka samjhota court me ho chuka hai. Lekin abhi Tak court me meri pesi chal Rahi hai. Aur mai pesi me nahi ja Raha hu. To kab tak me Mera faisla court sunayegi. Jabki maniya adalat ke samne hi compromise hua hai. Koi btaye mujhe
You can seek help through our helpline no. for men 9811850498 regarding your query.
Sir, what is the HC judgement for punishment to wife upon filing false case?
A husband can file defamation and Sections 182 and 211 also provide a legal recourse.
Dear Sir,
Meri wife mujhe Gandi Gandi Galiya deti hai, mere Ma Baap Ko Galiya deti hai or mujhe physically bhu Marti hai. Mai jab iska oppose karta hu to apne apko chot pahuchkar mujhpar 498a 307 377 jesi dharaye lagane ki dhamkiya deti hai or kahti hai ki Mai Tumpar ye Dharaye May June me lagawawaugi jab Jail ki Garmi me sadoge to tumko samjh ayega. Sir Maine apne apko Jaan se Marne ki bhi koshish ki lekin nahi ho gaya mujhase kyuki mere Maa ka chehra yad ajata hai. Sir please meri Help Karo please.
Police complaint file karein