Legal Advice

In 498A, will my family get arrested?

Question: In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing troubles.  

Advise

The investigating officer will not arrest the accused (your family members) in connection with the offence of cruelty. In this situation the investigating officer shall issue a notice under Section 41-A of the code of criminal procedure. 

You should comply with that notice and cooperate in the investigation. If the allegation made in the FIR is false then you should move a writ petition before the High Court for quashing of FIR.

In Bhajan Lal case the Supreme Court has held that if the allegation in the FIR holds no field or prima facie no offence is made out against the accused the court has power to quash that frivolous FIR.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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