In this article, you will get to know some helpful ways to get the names of your parents or relatives deleted from the false 498A FIR filed by your wife.
If the wife in the 498A case, along with the husband, has accused his parents and the siblings of the husband, then how you can save your parents and the relatives if the case filed is based upon false allegations? You will also get to know about Judgements in which parents or the relatives of the husband are made a party to the case, with the intention to harass them.
Whenever any matter between the husband-wife reaches up to 498A, the wife tries to accuse not only the husband but also his parents and the relatives of the husband.
But there is no need to get worried if all the allegations are false. There is more misuse than the use of 498A.
The provisions under section 498A which were given to women for their protection are now used more as a weapon to harass the husband and the relatives of the husband.
Generally, when such a false 498A case is filed, the wife alleges that at the time of marriage, so much money has been given or valuables were given or being mentally tortured, physically tortured or demanded dowry or other valuables.
These are some of the common allegations made by the wife under 498A. However, she does not have any evidence to support her allegations but still, she involves everyone in the complaint, just to harass them. And once there is anyone’s name in the complaint, there will be police and court proceedings against such a person.
How to save parents from false 498A cases?
1. Approach the Investigation Officer
This is the very first stage, where you can get the names of relatives deleted from the false complaint. Try to get names removed at this stage.
Approach the Investigation officer and give him proof to remove the name of your parents or relatives from the false 498A FIR registered.
If your parents don’t reside with you, you can give proof regarding this and if live in the same house then proof of different kitchens.
And if your brother lives somewhere else or your sister is married you can provide proof regarding it. You can show study/workplace/rented property/own property/sister’s marriage proof, address on aadhar cards etc.
IO has the power to remove the names from the FIR and even for the filing of cancellation. But mostly husband’s name is not removed but the relative’s name if the complaint is on baseless grounds can be removed from the false 498A FIR.
And if IO does not remove such names, you can approach the higher officials like ACP, DCP, Commissioner, SSP, etc.
If the higher officials also do not remove the names, you can make an application to the Court under Section 156(3) of the CrPC.
Under this section, we can make an application to register the FIR or an application for calling the status report. On the application for calling the status report, the magistrate directs the IO to report to the Court.
2. Write petition in the High Court or the Supreme Court under Articles 226 and 32 of the Constitution
As there is FIR registered and no charge sheet is yet filed in the Court, you can file a writ petition in the High Court or in the Supreme court, to get the names of the family members removed from the FIR.
But if they reside with you in the same house, there will be no relief. If they really reside in another house or city, and the allegations are baseless and vague then only file the writ petition.
3. Quashing of FIR/Complaint under Section 482 CrPC
Under Section 482 of the CrPC, the High Court has the power to quash the FIR based on false allegations or the complaint without any evidence, the defendant can file for quashing the FIR.
If the court considers that such an FIR is baseless then Cort can quash such an FIR. So, such parents or relatives against whom false complaints under section 498A have been filed must go for quashing.
4. Arguments on the charge sheet
After the filing of the charge sheet by the police, there are arguments on the charges in the Court that what charges should be on the accused. You can argue at this stage that the names of relatives should be removed. If the Magistrate does not consider it, you can appeal in the Session Court or the High Court.
But the best option is to approach the Investigation officer at the very initial stage. As the complexities increases in the later stages of the proceeding.
Judgements related to protect parents from the false 498A Case
1. Amarjit Kaur vs Jaswinder Kaur
In this case, the wife has made false allegations of mental cruelty, physical cruelty, and dowry demand on the husband and his relatives.
And the Court held that it is a common scenario to add relatives along with the husband in the complaint of 498A on baseless grounds.
2. Balbir Kaur vs Presiding Officer
It is a judgement of the Punjab and Haryana High Court. It was held that if the wife has filed a false complaint under 498A, the senior citizens if any mentioned in the complaint, can write an application to the District Magistrate under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and ask for protection of life and property, this way senior citizens can protect themselves and can also get their names removed from the complaint if the allegations are false and baseless.
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