Do you want to know about 498A? Is 498A bailable? Can one target my whole family under 498A? Is Dowry System still prevalent in India? How can one save himself and his family from false cases under 498A? We are going to discuss all these subjects in this article. This article will help in saving you from all the ill effects of 498A.
Article 498A came into existence for the upliftment of women. But, with time it has lost its credibility. Nowadays women use it as a weapon for acquiring maintenance. They include the family members also as a party. We will divide this article into two main parts
- Some landmark Judgements of Supreme Court
- How to avoid false FIR
Some landmark Judgements of Supreme Court:
- Mirza Iqbal vs the State of UP: It is a recent judgement of the Supreme Court (14 December 2021). In the FIR the wife filed a case not only on the husband but also on his whole family. The second party challenged it in the High Court but there was no response. After which they went to the Supreme Court. In this, the Supreme Court lead down a great principle which says. If in any case the family of the husband is made a party then, their direct involvement is required. If direct involvement is not established then the High Court has to quash the FIR against them. It becomes the duty of the High Court under Section 482CrPC.
2. Geeta Mehrotra vs State of UP(2012): In this case, the Supreme Court specified, that the role of every person named in the FIR, how they were involved in cruelty needs to be mentioned. If the victim only mentions that they were involved in the mental agony, the court said it is not sufficient. The Supreme Court quashed that FIR and said only by putting names in FIR, it won’t become an offense. Unless and until you specify their role in cruelty.
3. Ramesh vs State of Tamil Nadu: In this case, the party filed a case against the sister-in-law. The Sister in law was already married and was not living with the victim. So, in this case, the Supreme Court advised the High Court to be extra cautious. In this Supreme Court quashed the FIR.
Tip: While filing the petition in High Cout the party should always mention that the concerned party is not living under the same roof.
How to avoid false FIR:
- Anticipatory Bail: First thing one should do is apply for anticipatory bail. Anticipatory bail saves you from jail. You can get it from session court. If the session court denies then you can go to High Court.
- 482CrPC: According to this section you can challenge the FIR by saying that there is no specific allegation on me. If you can convince the High Court then the Court will quash the FIR under this section.
To save yourself from all these problems you should always keep the husband and his family as a separate party. If they do not live under the same roof, then provide their address proofs also. If you follow all these tips and laws you will get the benefit These things will help you in saving your family and yourself from false FIRs.
Still, have any legal doubt, contact the Legal Experts of Aapka Consultant.com
(अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे )