Steps in 498A
Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra:
This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) in most states. A complaint is lodged in the Police Station, which is transferred to the CAW Cell.
Reconciliation Process at CAW Cell/ Mahila Thana
CAW Cell tries to reconcile/settle the parties through mediation, which can also occur at various stages, such as bail.
F.I.R.
If reconciliation or settlement is not reached at the previous stage, the police register an FIR. At this stage, the police can open a lookout circular, and other harassment may happen. It is prudent to know your rights as an accused when facing a criminal case.
Bail/ Anticipatory Bail/ Stay on Arrest
Till recently, in most states, husbands were not granted Anticipatory Bail or Stayed on arrest in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) as it was most often coupled with 406 IPC. Police invariably asked for custody of the prime accused, and he was incarcerated for a day to a week, depending upon the state in which the FIR was lodged. This process has had a marked change since Arnesh Kumar’s judgment. Still, getting an anticipatory bail when the FIR is lodged is prudent. People in Delhi can also seek Notice Bail even while the complaint is at CAW Cell to avoid unnecessary hassles. At this stage, the court can put travel restrictions or ask you to seek permission to travel abroad. Also, other conditions that the court deems fit can be imposed.
Police Investigation
This is the most obscure process for the accused. Police investigate the crime; mostly, it is the collection of bills/statements of the complainant’s witnesses.
Charge Sheet
After completion of the investigation, the Police submit a chargesheet in court, which contains all the material collected during the investigation on which the Police are basing their case. It also includes statements of witnesses u/s 161CrPC and u/s 164CrPC (If any sexual crime is alleged). The accused are summoned and provided with a copy of the Chargesheet free of cost. In the rarest of rare cases, the Police can also file a Final Report at this stage. The final report means that the Police have concluded that no crime has been committed.
Framing of Charges/ Discharge
After the accused/ their lawyers have scrutinized the chargesheet, the court proceeds to frame the charges, i.e. telling the accused what crimes they have charged you. This is also the stage when the accused thinks there is not enough material on record to charge him, and he can move for discharge.
Prosecution Evidence
Evidence is the cornerstone of all criminal litigation. Mostly, the evidence is oral in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), i.e. Witness Statements and Cross Examination, though there can be medical/ other evidence as well. In the first step, the Public Prosecutor asks the witness to narrate his/ her version of facts, and then the accused/ their lawyers can cross-examine them. Though there is no fixed sequence, the witnesses are called; usually, the complainant is the first witness, and the Investigating Officer is the last witness.
498A से कैसे बचे | झूठे दहेज़ मुक़दमो से कैसे बचे
Defence Evidence
Once the Prosecution Evidence is over, the defence can present its witnesses, if any, or lead any evidence. This is rarely done in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) case. The process is the opposite of Prosecution Evidence, i.e. first, the witness narrates facts and is then cross-examined by the Public Prosecutor.
Accused are examined by magistrate u/s313 Cr.P.C.
Arguments
Both sides, i.e., the Public Prosecutor and advocate of the accused, present arguments and precedents to sway the court towards their cause. The order/ Judgment– Acquittal/ Sentencing.
53 Comments
My wife has raised 2 false cases against me & my family DV & 498A every time after court date she log the false NC in police station blame on us for harrasment. How to fight on that part every time police officer call us for inquiry but they are not respond take action on our NC which has been log me & my mother. She still residing @ home. Case still ongoing on fund raising part. Councelling is over in both court DV & family. Pls suggest what to do further.
You can either file a case of harassment or report these incidence to the court or can file an injunction suit.
Shonee sir,
Chargesheet filed today after 18 months of no investigation. They never contacted me. No 41A as per police commissioner standing order and DHC clear order. Arrested me in 17th month. No matrimonial home ever in their jurisdiction or India. No location of living together.
What do u suggest? Date I see on website is 15 October of next hearing. Do u think I will get summons before 15th or will the magistrate first scrutinize the chargesheet? Do u think she will take cognizance? The same magistrate admitted dv case without even jurisdiction and considering delay of 2.5 years!
File a RTI and get information on investigation and charge sheet from police by following the below link. You can also seek a appointment with me by calling on 7428418261.
https://www.shoneekapoor.com/template-for-rti-after-498a-charge-sheet/
498 a केस फास्ट कैसे करे
By approaching the High Court with a expedite application.
My Wife Submitted False complaint in Hisar in 2022 in women cell ( 2 Pages Hand Written) , which she took back in 2022 itself , she is living separately since from that day, now in 2023 Sep again she submitted complaint in Gurugram through Lawyer ( 20 Pages typed) , I have submitted by all evidences to Police that this is fake and counter blast cum revenge activity from My Wife with her support of her Jija.
women cell Police recommended for FIR against me and not considered my evidences- email, whatsapp, bank details, group chats, audio recoding of previous reconcillation meetings etc,
what is way forward
Thanks
Jatin
IF you have good evidences to support your claims, it is recommended that you file for divorce on grounds of cruelty and desertion(if wife is separated from the last 2 years or more).
Wife made police complaint against me and my old parents recently. We got AB.
But i feel that the alligations portrayed are all fasle as there is no specific date, incident time, places mentioned in her complaints.
Can this FIR be quashed based on no details in the complaint???
Quashing has quite specific grounds. You can contact my office for an appointment regarding the same.
Sir, I did a court marriage on 01 July 22. We stayed together only for 2 days in Hotels of haridwar and Rishikesh. Now she filed 498a fir by 156 crpc. She mentioned that we went to my hometown in haryana after marriage and on 21 July 22. We kicked her out from my hometown after demanding dowry. She also mentioned that on 26 sep 22 me alongwith my father and other persons went to her hometown in up and beaten her threatened her but I was in hospital on that day. Can I go for quashing as I was on duty from 04 July 22 to 21 sep and on 26 sep I was in hospital. Plz guide
Yes you can file a quash petition.
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HI Sir, my name is rajesh my sister in law has filed 498a and domestic violence case against my brother (who is dependable on me), wife and me. my mother father no more. My sister in law is cousin of my wife. she is not mentally normal, she worked as directed by her parents as she doesnt has her own decision. I was not comfortable with this marraige initially but due to pressure of my wife i agreed as her father was paralized and as a relative I felt sympathy for them, they influenced my wife also by pressuring with her other relatives. I did my brothers marriage in feb 2014. But just after a week her mother took her to their residence in delhi palam, my wife childrens and brother was residing at mohali (punjab) and I was doing job in neemrana (rajasthan) at that time (later we make our home in Kalka by taking home loan and shifted in 2015), When we asked them to send her they refused saying that we cannot send our daughter to mohali as it is very far from us. They pressurize us to send my brother to their residence for forever. They are very rich and politically strong. As girl’s uncle is MC in delhi area, also one of girl’s uncle was DSP in Delhi police, her bhabi is also Inspector in women cell sec9 dwarka where initial process of case started. So police always supported them to pressurising us even we told them that the filed case is false against us. But we decided that we should not bow and should fight against them. so day before tomorrow i received a first summon from mahila court dwarka on 3-02-2019. I received summon of my brother also as he currently lives alone at my home in Kalka. The policeman who given summon belongs to our village and assured us to support in court but i dont have faith on him. I discussed the situation with one advocate who known to my friend, he suggested that first of all we have to take bail of all me, my wife and borther to proceed further. so kindly suggest us what should i do in this situation as i am working in private sector and if any kind of arrest done with me, may be my job will be terminated. So again requesting you to suggest me the right way and how much cost came to bail us.
Hylo sir…my sister in law filed an FIR under 498A/406.my brother got jc for 14 days.now we ol got bailed.our case is in session court patiala house delhi…chargesheet has been filed by police..now our lawyer is suggesting us to apply for quashing the FIR in high court..plz guide me …should i trust my lawyer for this..as my father is retired man and brother is jobless due to depression..and charges for quashing are very file
Unless the complete facts are known, nothing can be advised.
Dear Advocate,
My wife has filed false 498A DP Act in Andhra police sation against me ,my parents & brother.
We belong to Kerala and Andhra police called to come there.But I don’t know will they add false sections too and get arrested as I don’t know procedures in different state.
At what stage notice under sec 41A CrPC notice is issued
Lawyers in Andhra sometimes says you will station bail.but as it’s non-bailable I’m totally confused
Ask for 41A notice from the police. You can call on my office number 7428418261 for appointment if you wish to consult me for further steps.
Hi Sir,
It’s been 5yrs my sister got married and her husband and in-laws started torturing her for dowry and house-hold items. They even fought with my father on the stage for sister-dowry on marriage day after tieing mangalsutra. My father got helpless and gave some money on stage. From then for every festival they used to torture my sister for dowry and house-hold item. Though my sister’s in-laws used stay in different place they used call my brother-inlaw and asks him to ask dowry from my sister. My sister also used to work before marriage, when she entered in that house they did not had anything as my bro-inlaw used to with his sister and his sister took all the things to her room a=when my sister moved to that house, she bought everything(sofa, bed, dinning table, kitchen vessels n everything what is required for house) by giving her salary to her husband. They clearly know that she used to work in night shift and they started torturing her to leave the job because of the shifts, then she wrote movement exams in her office and moved into day shift process but still her husband and whenever her in-laws comes to there place used to torture her for dowry. She has been beaten many times and my parents went and spoke to my bro-inlaw and explained him nt to raise hand on my sister. He always used to act in front of my parents and used says he will take care of her again he used to start the same thing. Last year she has been beaten very severly and then she went to police station to lodge complaint but again bro-inlaw uncle came requested not to file FIR and he will explain him this and evert thing wl be fine. she was severly hurt and she had to take physiotheraphy bcz of the beatings and she stayed with us untill she is perfectly fine. After 4months she went back to her home and again within 2months same thing happen, her husband beaten her and that is when she went and filed case in march 2018. he vacated the house and took all my sister belongings and jewellery and everything. The worst situation what we are facing is we dont have evidence to get him behind jail and now she lost everything what she had. Now FIR is lodge and from a month we are roaming behind police to get the chargesheet but they are not writing the chargesheet, they took my dad to the place where my in-laws stays and all expenses are born by my father. Please suggest what should be the procedure of getting things fast and mainly my sister wants to shift as she needs all her things back and they are lieying that they dont have jewellery n all. my bro-inlaw is n her parents r enjoying by taking all her things and my dad n sister are suffering by roaming everyday behind police station to get the chargesheet book.
Dear Shonee ji,
I and my parents got summoned under sec 498A. I already filed a divorce case which is going on in court. Also, my wife registered a case of domestic violence against me and my parents earlier which is also going on in court too.
My lawyer advised us to get bail even if i got interim bail at the time of FIR. He also told us to bring surety for each one of us in the court.
Pls advise. Also, pls tell me what more steps can be taken to overcome this?
Your lawyer is right
My wife lodged complain in Mahila thana against me and my family for false domestic violence, dowry and cruelty then they called me for mediation. I explained to mediators that all charges are false and she was staying at her parents home for last 4 years. I was ready to take her home but she refused so they closed the file by mentioning same thing. Can she still file FIR and 498A against me? How can I come to know that FIR is lodged against me?
You shall have to contest the case,
Hello
My name is Bhawna. 3 years back my sister in law left my brother and filed the 498a/406/34. Now the trial has started but in between i lost my brother for ever due to depression. Now I am facing this case with my parents .She is married now and living her life. We are facing here all false allegations . My lawyer said this case may be extended. We haven’t, received the chargesheet copy yet.sometimes I feel is it good to trust your lawyer or not.
pls guide me.
I am married and living with my husband.
Please share the copy of FIR using contact me page and then we can discuss
My brothers wife registered a 498a case against my brother, parents and me. My family already got conditional bail and asked to present in police station every month. My bail is rejected since i was not present in court and i am working in outside India for company work. My lawyer already raised a request for quashing a case in HC. Now i want to come back India for vacation so what should be best way to get bail and without any condition like holding my passport or now allowed to travel abroad.
Seek Anticipatory Bail for yourself. And most probably it would be granted in High Court only. If it is declined there, surely you would get it from SC
Cross will happen in my 498A case soon. As an A1 can I also ask questions to PW1-wife, assisting my advocate because my apprehension is that advocate may skip some questions which I have added and they are also important from my point of view. Though there is good understanding between lawyer and ourselves but still at the moment of cross, for not leaving any stone unturned I want to know…Thanks for all the good work you are doing.
Dear Sir,
My wife filed 498A case against me and my relatives. Now it is in Court, we attended in last year sept 2017. Next hearing is sept 2018. Now we applied for mutual divorce. My passport is going to expire on 30-06-2018. and i have to go to abroad for official work. I was not told by court not leave the india. I am taking the court permission for passport renewal. do i need to take the court permission for going outside the India. Please clarify.
Sir ,i want to know about 498a case. When wife has filed f.i.r case 498a .Then what are the role of police and court.
Dear Sir,
Me and my parents, brother, and sister was lodged false FIR in section of 498a ,506, 34 and 3,4 Dowry prohibition act.We got AB bail from high court before one year
within this duration we were noticed two times by IO for chargesheet in trail court but IO or any police did not come in court and Hon judge has demanded for IO due to which Hon judge did not take chargesheet, although our AB bail copy and sighn was taken by IO in some form.From that day onwards its been going to one year but police is not noticing us for chargesheet.What should we do for putting our chargesheet? Any negative affect would be gotten on my AB bail for not putting chargesheet yet.Or we will have to apply for AB bail again second time?
Bail shall be regularized. No need for fresh AB
Me and my mother boked in 498a.by my wife .tat is false alligations.
Police mention tat both party will send to lokadalat for compromise ….
But nearly one month is hppnd..no calls from lokadalat..
But my wife threating me by police man..to come and take to serviwe with ur wife..
What to do.?
No chargeet hs bn done yet..just section 41 form I singed..
But my has sucide indention ..so
My sister has filed 498a in Dec. 2015 against her husband and police has also filed charge sheet in the court in May 2016and said that crime has happened but till now nothing is happening. Can you suggest me what we should do ?
what if the accused (husband) ran away before the 498a evidence prosecution and also in dv case…
The law would take its own course to secure his presence.
Dear sir,
My self accused in 498a case and in 14April we have hearing and status is on charge state my advocate was not present on last date although I have paid 80% of payment and court given me last opportunity to get the attorney can I get a legal aid other than my attorney.pls help.
sir Trial started in orissa, please help I am accused of 498a, 406, 323, RW 34 , 4 DP act. , as we wasn’t prepare for cross question and wife came during cross question dates, but my defence advocate was not able to ask relevant question from wife Nor with father in law.
No proper cross done by defence advocate. I think my defence advocate got mingle with opposite party. After giving cross immediately wife submitted the evidences docuements which are against me.
But there are lot of tampering done with her evidences done by her. I believe evidences are not genuine.
Now I remove the current defence advocate and looking for new defence advocate.
my query :
1) Please tell Is evidences stage from wife’s end over. ?
2) Please tell If evidence stage of documents submition done by wife then Are there any other stage where wife will come to court where we can do further cross on evidences as the evidence documents are forged/tampered.
3) Please tell if crpc 311 will can be accepted by judge to recall them?
what grounds should accused pray in 311 crpc so that crpc 311 will be accepted by judge.?
4) Any other suggestion please
It is a complicated problem. Can’t be answered without looking at the documents
Sir what to do first if 498 is registered where couple reside. In our cases couple and his parents live separately from 18 months but 498 a has been registered yesterday on whole family. What precautions need to take save the family members? Please guide.
Advice on such specifics can be on the basis of documents. Please use contact me page.
Sir, our advocate we engaged in 498 a is good or pleads our case as he should. How we can check it ? My 498a case is going to run on this 20th January. The stage of my case is Prosecution Evidence. Judge has told both party lawyer that on 20th case will run. PL guide me.
How is his reputation there? As a first time litigant you can’t. So seek references.
Not only for the victims or sufferers of 498a but lawyers even, this page is so resourceful. I can see the information covers almost every aspect of 498a trial and there are hardly any left. Keep us educating and informing Shonee sir. More power to you.
In ‘Police investigation’ section you mentioned collections of bills. What sort of bills and who has to provide them? Or else will police gather the bills without either the husband or wife provide them? Can you clarify me.
Generally the police asks the girl to provide the bills and then get the same verified from various sources. False bills can lead to punishment. You may like to read the Success Story against False Bills
what is the procedure to get regular bail after FIR is registered and charge-sheet is not submitted in 498a?
You can surrender in the CJM court and apply for regular bail
But why do you want to do it?
I want details of DV act and old judgement…
What’s the average duration of a 498a case?
Not fixed. In Haryana its typically 2 years. In Delhi 7 years
Can we object to complainants lawyer arguing during 498a case (filed via CS)?
Yes, You can