How do you escape from false 498A case?

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.

Can 498A case be withdrawn before chargesheet?

You can file a case for harassing you by filing false case against you which will be easier for you to prove with the court order dismissing the 498A case. No it cannot be withdrawn as it is not an offence which is permitted to be withdrawn. 498a case is non-compoundable.

What is chargesheet in 498a?

Charge Sheet:After completion of investigation, police submits chargesheet in court, which contains all the material collected by Police during investigation on which the police is basing their case. Final report means that the police has come to the conclusion that no crime is made out.

What is final report under CrPC?

A Final report made under section 173 of CrPC is the outcome of the complete process of the investigation made under section 155(2) or section 156[2]; these sections provide the powers to the police to investigate a non-cognizable case or cognizable, with or without the order of the magistrate.

Can a magistrate discharge an accused under CrPC 239?

Thus the magistrate can not discharge the accused under CrPC 239. However in the private complaint case, similar relief can be sought under CrPC 245. Also, in case the offence is triable by court of Session, same relief can be claimed u/s CrPC 227.

What are the provisions of section 239 CrPC?

The provisions of section 239 CrPC are applicable only to Warrant Cases that are instituted on Police complaint. Criminal case under section 138 Negotiable Instruments Act, for dishonour of cheque is a summons case and section 239 CrPC would not apply. (Bhwani Denim and apparels Ltd. V. M/s Bhaskar Industries Ltd, 2003 CrLJ NOC31:2002 1 MPLJ 243).

Are allegations made under IPC 498-A prima facie constitute an offence?

The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under IPC 498-A or make out a case against the accused.

What are the rights of third party under section 239?

The discharge contemplated under section 239 is thus a statutory right and a third party cannot have any say in the matter (R. Balakrishna Pillari v. State of Kerala, 1995 Cri LJ 1244 (ker)). Where court has taken cognizance of a time-barred offence, the accused cane be discharged at the time of framing charge.