fake 498A cases filed repeatedly without any evidence or investigations
4 Answers
Dear Sir,
Legally, you can file:
A petition under Section 482 Cr.P.C. before the High Court to quash an FIR if it’s malicious, false, or without prima facie offence.
A representation to DCP/SP if the FIR was registered without following the Arnesh Kumar guidelines.
Hello,
It depends on how the case was closed. Was it a compromise or something else. Looks like one 498A case was closed and after that another case has been instituted. In this case, the second case has low chances to succeed. Please connect through OLQ for appropriate guidance and support in your matter.
- 1. No one is permitted to misuse the law.
- 2. Yes. Registration of FIR and evidence or proof are separate and distinct. For registration of FIR no proof is required. If on investigation no valid proof is found then police can file closure report.
- 3. No parameter.
- 4. It is wife who repeatedly filed false cases. You can file criminal Writ in high court.
Dear Sir, as per your query,
498A can be filed only once for each distinct act of cruelty.
If the same incident has already been investigated and closed, a fresh 498A for the same cause is not maintainable.
Police can register FIR solely on the complaint of the wife (or her family) without prior evidence or inquiry. To know the real intent behind filing of an FIR depends on when the complaint was filed, if the allegations are general in nature.
For further details and clarification, feel free to contact our OLQ Team for a detailed discussion.