How to Dismiss False Section 498A of IPC Case ?
Dismiss 498a of IPC
If your wife has filed false section 498a of ipc against you and your family members then this article will help you to protect you and your family members. Protecting innocent accused from false case is just like protecting justice.
Your wife can either file F.I.R in Police Station or a Complaint case in the court. If your wife will file F.I.R then police will do investigation and finally police will submit Final Report in the court.
Section 498A IPC is a cognizable, non bailable and non-compoundable offence. 498A of IPC is non-compoundable offence means either you will get punished or you will get discharged from the section 498A of IPC.
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How to Get Discharged from the Section 498A IPC ?
Once false Indian Penal Code Section 498A is filed against you and your family members, you will get summons from the court to appear on the next hearing date..
If you go to court you can be arrested and if you don’t go to court then court can issue arrest warrant against you and your family members.
In that case, you have to first apply for anticipatory bail in the district court. Suppose the bail petition is rejected in the district court then you should apply for anticipatory bail in the high court.
But getting anticipatory bail may take a few days and in the meantime the court may issue an arrest warrant against you and your family members.
How to Avoid or Delay Arrests or Arrest Warrant ?
Yes, this is possible to avoid arrest warrant. To avoid arrest warrant you should not go to court but on behalf of yourself and your family members you should ask lawyer to appear in court.
Give one petition under section 205 crpc for dispense with personal attendance of accused and give medical reason and attach prescription and medical reports for dispense with personal attendance of accused. Please make it sure that petition section 205 crpc should be your first petition in your case.
Discharging the Accused in False Section 498a IPC ?
If your wife has filed false 498a ipc then your wife will not able to produce or submit any evidence. Give another petition under section 245(2) crpc to get discharged from the section 498a ipc.
In your discharge petition you should write that whatever allegation your wife has made is completely false and you should attach your evidence to prove that all the allegations made by your wife are false.
Once you file a petition under section 245(2) of CrPC, it is now your wife’s responsibility to prove that whatever allegation she has made against you and your family is true. If she has filed a false case she will never be able to prove that the allegation she has made is true.
In the end you will win the case and you and your family members will be acquitted under IPC section 498a.
Varun Jha is the Founder of Advgyan.com and a full-time blogger. Varun Jha is the author of this blog post.