need easy way to cancel fir u/s 498a then friends you may need to file a lego-technical representation whose details are given at socialstigma.in
further,
one often gets distracted by these queries on the internet viz.,
punishment for misuse of 498a
how to quash 498a case
how to quash 498a in high court
498a latest judgements
wife threatening 498a
counter case against false 498a
what is 498a case
quash petition for 498a
a false 498a ipc victim once asked:- two year back false case u/s 498a was lodged by his wife and charge sheet was not yet filed by police but recently both husband and agreed and filed divorce by mutual consent in family court and in that they clearly mentioned the point of FIR i.e., the first information report to be cancelled or nullified and I husband gave a property worth Rs 26 Lacs as alimony or settlement to wife. How to cancel FIR easily by the husband with least cost?
the solution to this problems may be multi-varied and for proper settlement it may be necessary to file a lego-technical representation so that there is no confusion and future false 498a IPC claims or other false allegations or future claims/ accusations may not appear.
the advocates may wrongly advise the husband to file a quash petition in court for which the wife may not agree after getting the settlement amount because wife needs to appear before the court to give her statement in the witness box by turning a hostile witness or a LTR may be filed.
Enclosing of the consent affidavit by your wife is of some use but appearance of your wife is necessary else she may later on say that she was made to sign under pressure or disorientation or coercion/ threat/ mistake/ fraud or misrepresentation and the laws are soft for the girls/ wives and women in India and also soft laws are there all over the world so you may find it difficult to get the matter settled as he affidavit needs to be collaborated with LTR in such a manner that counter cases becomes possible against the wife in case she turns the tables against the husband i.e., if she tries to deviate away from her affidavit or re-open the cases once settled and after receiving full or part settlement.
The complaint lodged u/s498A of IPC is one of the non compoundable offences i.e. the offences which can not be withdrawn by the complainant so your wife is NOT in the picture at all and this case is between State Versus Husband hence husband may ask wife to execute an affidavit affirming that she deliberately had lodged the false 498A complaint over trivial issues and/or under the influence of domestic rift or rage and husband may submit copy of the said affidavit to the police station or the court and to the police and the relevant authority and then thereafter the husband may file a LTR in a technical manner in order to pursue with the police or relevant authority for filing charge sheet immediately based on the settlement agreed upon.
Once the charge sheet is filed, the husband may file a petition before the high court u/s482 of Criminal Procedure Code and write a prayer to quash u/s 482 the above said FIR based on the affidavit (oath) by your wife but these days the high courts may not entertain quash petition of FIR if charge sheet is not filed by the police against the FIR even though the right procedure is also there to quash the FIR but if this is done with filing a LTR then the husband may get proper and desired relief.
But wife affidavit to police to close or cancel FIR may NOT help in 498a IPC complaint but if the wife writes to the police and asks to settle the matter in her written statement then the closure statement may be filed by police but this closure statement may be challenged by the wife at any point of time so it's better to file a LTR and through court the process is ordered and the wife does NOT challenge from her stated address in the FIR, HOWEVER, if the court orders amicable settlement and the wife does NOT challenge that and also the wife makes at least three appearances after that, only then she may be deprived of her right to re-opn and this may be possible only by filing a lego-technical representation along with a written or verbal settlement agreement by the wife.
After getting first motion amount in divorce proceedings the cases may be started again so moving to high court may not be suggested and the right procedure may be to file a LTR so that the wife may not be able to retract from her statements after receiving the first motion amount from the husband for settling or cancellation of the FIR u/s 498a IPC
Just an affidavit may NOT suffice. The NO OBJECTION on record. Yes, ON RECORD.
If the wife does this in a LTR way, only then she may find it almost impossible or very difficult to re-open the false 498a/ dowry claims after closure.
THE LAWS ARE BIASED FOR WOMEN IN INDIA SO DO NOT TAKE THE RISKS SO THAT AFTER SETTLEMENT THERE IS NO SCOPE LEFT FOR HER TO RE-OPN THE CASES.
Therefore, filing of Lego-Technical Representation may be suggested for ON RECORD SETTLEMENT in a LTR way.
The police may not be able to cancel the FIR just on the basis of wife's affidavit or NO OBJECTION, but the Investigating Officer may recommend the closure of FIR based on wife's statement in his final report.
Further, in B. S. Joshi versus State of Haryana, the Supreme Court of India had delivered a very good judgment that, "if parties have reached for a compromise and filed for a mutual consented divorce then the criminal case needs to be quashed"
further,
one often gets distracted by these queries on the internet viz.,
punishment for misuse of 498a
how to quash 498a case
how to quash 498a in high court
498a latest judgements
wife threatening 498a
counter case against false 498a
what is 498a case
quash petition for 498a
a false 498a ipc victim once asked:- two year back false case u/s 498a was lodged by his wife and charge sheet was not yet filed by police but recently both husband and agreed and filed divorce by mutual consent in family court and in that they clearly mentioned the point of FIR i.e., the first information report to be cancelled or nullified and I husband gave a property worth Rs 26 Lacs as alimony or settlement to wife. How to cancel FIR easily by the husband with least cost?
the solution to this problems may be multi-varied and for proper settlement it may be necessary to file a lego-technical representation so that there is no confusion and future false 498a IPC claims or other false allegations or future claims/ accusations may not appear.
the advocates may wrongly advise the husband to file a quash petition in court for which the wife may not agree after getting the settlement amount because wife needs to appear before the court to give her statement in the witness box by turning a hostile witness or a LTR may be filed.
Enclosing of the consent affidavit by your wife is of some use but appearance of your wife is necessary else she may later on say that she was made to sign under pressure or disorientation or coercion/ threat/ mistake/ fraud or misrepresentation and the laws are soft for the girls/ wives and women in India and also soft laws are there all over the world so you may find it difficult to get the matter settled as he affidavit needs to be collaborated with LTR in such a manner that counter cases becomes possible against the wife in case she turns the tables against the husband i.e., if she tries to deviate away from her affidavit or re-open the cases once settled and after receiving full or part settlement.
The complaint lodged u/s498A of IPC is one of the non compoundable offences i.e. the offences which can not be withdrawn by the complainant so your wife is NOT in the picture at all and this case is between State Versus Husband hence husband may ask wife to execute an affidavit affirming that she deliberately had lodged the false 498A complaint over trivial issues and/or under the influence of domestic rift or rage and husband may submit copy of the said affidavit to the police station or the court and to the police and the relevant authority and then thereafter the husband may file a LTR in a technical manner in order to pursue with the police or relevant authority for filing charge sheet immediately based on the settlement agreed upon.
Once the charge sheet is filed, the husband may file a petition before the high court u/s482 of Criminal Procedure Code and write a prayer to quash u/s 482 the above said FIR based on the affidavit (oath) by your wife but these days the high courts may not entertain quash petition of FIR if charge sheet is not filed by the police against the FIR even though the right procedure is also there to quash the FIR but if this is done with filing a LTR then the husband may get proper and desired relief.
But wife affidavit to police to close or cancel FIR may NOT help in 498a IPC complaint but if the wife writes to the police and asks to settle the matter in her written statement then the closure statement may be filed by police but this closure statement may be challenged by the wife at any point of time so it's better to file a LTR and through court the process is ordered and the wife does NOT challenge from her stated address in the FIR, HOWEVER, if the court orders amicable settlement and the wife does NOT challenge that and also the wife makes at least three appearances after that, only then she may be deprived of her right to re-opn and this may be possible only by filing a lego-technical representation along with a written or verbal settlement agreement by the wife.
After getting first motion amount in divorce proceedings the cases may be started again so moving to high court may not be suggested and the right procedure may be to file a LTR so that the wife may not be able to retract from her statements after receiving the first motion amount from the husband for settling or cancellation of the FIR u/s 498a IPC
Just an affidavit may NOT suffice. The NO OBJECTION on record. Yes, ON RECORD.
If the wife does this in a LTR way, only then she may find it almost impossible or very difficult to re-open the false 498a/ dowry claims after closure.
THE LAWS ARE BIASED FOR WOMEN IN INDIA SO DO NOT TAKE THE RISKS SO THAT AFTER SETTLEMENT THERE IS NO SCOPE LEFT FOR HER TO RE-OPN THE CASES.
Therefore, filing of Lego-Technical Representation may be suggested for ON RECORD SETTLEMENT in a LTR way.
The police may not be able to cancel the FIR just on the basis of wife's affidavit or NO OBJECTION, but the Investigating Officer may recommend the closure of FIR based on wife's statement in his final report.
Further, in B. S. Joshi versus State of Haryana, the Supreme Court of India had delivered a very good judgment that, "if parties have reached for a compromise and filed for a mutual consented divorce then the criminal case needs to be quashed"
I am Abhishek from New Delhi.
ReplyDeleteI was looking for men cell in Delhi when I stumbled upon this blog.
I want to know if there is any procedure to get the FIR cancelled because the allegations in the FIR u/s 498a/406/34 IPC and DP 3&4 Act are bogus and ambiguous i.e., vague for voidness
Now, I was wondering whether there is some suitable action plan through which this false FIR under section 498a of Indian Penal Code may be cancelled.
Thanks
Abhishek Dua, NRI USA California
I wish to thank you chatur sir for helping us close the false 498a against our entire family.
ReplyDeleteMy son who is not a resident of India is much relieved and now I am planing to get him married outside India.
Thanks
Bimla Malhotra
I was studying for the relation between Quashing and Cancellation of FIR in India and it was found that, once the FIR gets cancelled then the Quashing becomes easy because cancellation of FIR is NOT a provision but of the Charge Sheet gets a B- side report i.e., B-Report or Final Report or a Clean Chit.
ReplyDeletethen YES, the police may move an application for nullification of the FIR by the magistrate.
Supreme Court of India and the respective High Courts do have the power to quash if the FIR is frivolous.
These inherent powers with SC and HC lies in proviso 482 of the code/
Quashment of FIR relates to quashing of the FIR and may also be called as cancellation of FIR
I am Preet Pratap Shan from Andheri in Chandigarh. I used the noble services of atur chatur in closing or cancellation of a false FIR under section 498a ipc and that was my right decision as the FIR has been moved to charge sheet in which the main three section 498a, 34 and 406 ipc have been removed.
ReplyDeleteAlong with those Dowry Prohibition Act 1961 related sections viz., dp 3&4 act have also been removed from the FIR and within Charge Sheet only the section 323 ipc remains now.
I wish to inform that, this had been possible ONLY and only under the noble guidance of atur chatur sir as he helped me file Black Money Charges against the wife as she married me in Dometisation times and how could she have claimed Rs. 2 Crores spent on marriage without any Bank Transactions.
And even Black Money (Last Currency of 100 Notes and Old 500 Notes) was NOT acceptable as a valid currency and there was NO books to show such to and fro transactions.
The police was corrupt and on their side but still we had been able to close and remove the major sections and 90 days have passed and the wife has NOT yet challenged this order hence she has deemed to have accepted that Charge Sheet after this came under her knowledge.
All thanks and a highly recommended expert in matrimonial matters is none other than Chatur Sir.
Regards
Preet Pratap Shan
Varanasi
atur chatur helpline for men in false 498a (9873540498) for NRI (Non Resident Indian) may help a NRI in knowing how to reduce alimony because the alimony or maintenance may be cut by invoking human rights and attacking legal extortion at the right point
ReplyDeletea LTR may be the right approach if the husband wishes to expose falsity of wife thereby reducing alimony or may be arriving at Zero Alimony for the wife based on LTR as per socialstigma.in
In Delhi also such NRI from all over India may be able to get help from Atur Chatur by his able consultation
so, go ahead and file LTR