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How to Counter attack False 498A(3/4)

1. Once dowry complaint to CAW cell is registered, it’s their bound job to inform you through a Notice(41A)/letter and call for mediation. Never accept mediation request through phone, ask for letter.

2. After receiving a letter try to carry a recording device/mobile with you and attend the mediation without fail and record if IO/CAW officials force you to submit to her demand or threaten you..

3. During mediation defend yourself with cool and calm mind without fear. Never be aggressive at any cost.

4. Ask for the certified copy of the complaint letter and copy of mediation records. Most of the complaints later convert in to FIR.

5. After 498A FIR which is non-bailable criminal offence (however, you will get bail), do not try to contact the OP as it may affect your bail.

6. Never go to OP place at any cost as they take it as an advantage and try to add other sections viz: 323, 324, 307, 420, 523 as well. Nowdays to make FIR complaint stronger Arrest without warrant Police take money or OP Bribe them to add 376/377 IPC too

7. Try to record every conversation you may have with CAW cell, police, OP, or with OP lawyer without their consent is not advised but you have no option to prove your innocence when they force you to sign or submit with threat of False case.

8. Never ever disclose your evidences no matter what so ever the reason is to anyone (including police, IO and your own lawyer).

9. Save all the recordings, evidences in a safe place with duplicate copies

10. Make a firm stand in CAW cell or with OP or with police that neither you nor your parents/relatives have ever demanded or harassed for dowry and it’s a false complaint. (make sure you have recording of this).

11. Most Importantly don’t be in a hurry to file a counter case which can strengthen their false case untill unless you have a strong ground.

12. If she claim they gave Dowry/Money in Lakhs file TEP (Tax evasion Petition) search mynation for the word TEP (You will get Sample TEP petition with explanation)

13. Write to SP/DIG/IGP if IO or women Cell Police threaten you, you can prove with evidence as you have recorded IO/CAW threats.

14. check if she filed 498A in her Town where you never stayed with her, as her Place is not coming under jurisdiction, same tell to Police and report to higher authority of Police.

15. If she says she left her stridhan in your home then, ask Police to prove proof of her claim. never give away just on her words.

16. If she or her Family deposited any money in your account then file DP3 on her Family with the evidence of of that money transaction.

17. If she or her Family gave anything other than customary gifts, with one witness you can file DP3 on her Family (Search for the word DP3 in Mynation search)

18.If she added names of your Parents/siblings/relatives and there is no concrete evidence against them you can ask Police to remove their name, same time you can file 482 CrP.C to quash/remove names or go for FIR Quash too.

19. File 226 CrP.C Asking OP to produce evidence she proposes to prove the guilt of the accused.

CAW- Crime against Women
OP- Opposite party
IO- Investigation Officer

1 thought on “How to Counter attack False 498A(3/4)

  1. not only 498a but other laws are also misused in India. The law has loopholes, yes, but its a choice between the devil and the deep sea. 498a can only be invoked by wife/daughter-in-law or her relative. Most cases where 498a is invoked turn out to be false as they are mere blackmail attempts by the wife. When faced with a strained marriage.

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