False 498A cases are very common in society, and many steps have been taken by the Hon’ble Apex court to prevent its misuse. Quashing of false 498A is likely, but first, you need to know the reason for false 498A

These days, false 498a cases grope all the relative’s father and mother sister who may stay away from the matrimonial home. Nevertheless, they still become party to 498A.

Reasons why your wife files false FIR u/s 498A/ 406/3& 4 of dowry Act?

• Money – Your wife may be after your money to harass you and your family in false 498A charges because mental harassment can cause you to settle at a very handsome amount.
• You refused to give her divorce – If you have refused to give them divorce, you may face proceedings under false 498A and 406, as well as now 377 IPC, which are common.
• Pressure from her relatives – Sometimes, matrimonial discords are common in marriages, and relatives make it a bigger problem. Negative relatives can cause false 498A cases.
• She has an affair – If the wife is having an affair elsewhere and you got to know, then she can put these false cases for the only reason called harassment so that you may not be able to accuse her of adultery.

When IO Calls you to come to Police Station, then don’t be panicked because according to the Delhi High Court Judgement, they have set certain parameters which is envisaged under Section 41A of CrPC that a written notice with the prescribed format must be sent to the accused when summoning him to appear before IO so if IO summons the accused, i.e. husband and family of the husband by making a phone call that is impermissible as per law.

To apply for the anticipatory Bail of yourself & other members named in the FIR & once the Anticipatory Bail is granted, then try for quashing of FIR if you find that allegations in FIR are Vague & doesn’t meet the ingredient of Offence

After completing the investigation, the police file a charge sheet. At this stage, evidence of the police must be seen. If there is no evidence or evidence, on the contrary, you can ask for discharge.

Suppose the case ends up in either discharge or acquittal in false 498A. Then, what the husband’s family can do against the wife/complainant comes into mind in every harassed family.

Here are the two sections of the IPC to help you, one is IPC 182 and 211 IPC

In the cases of 182 IPC, false information is given to the police. Then, in that case, police officers can write a complaint and forward it to a concerned senior officer. Who then forward a formal complaint to the court, which then initiates proceedings under 182 IPC

In the case of 211, the case is already pending against the accused person in court. Then, in that case, the court in which trial was running an application under section 340 CrPC is filed, and then the court initiates further action under 211 IPC

For further clarifications, you may contact us at 9910407440 through an Appointment from our office.