Legal Advice

My wife has lodged false FIR under 498A against me and my family members: how to protect them from arrest?

Question: My wife has filed a false case against me and my family under Section 498A. She left us just two months after our marriage. My brother, who works in an MNC, is concerned that the criminal case may affect his job and prevent him from travelling abroad for work. What steps should we take to resolve this situation? How to protect them from arrest?

Advise

No accused will be arrested automatically in 498 A case immediately after lodging FIR. The Supreme Court in Arnesh Kumar v. State of Bihar & Another, held that arrest should not be made automatically in cruelty case under Section 498A IPC. The Court emphasised the need for the police to conduct a thorough investigation before making an arrest. In many cases, the arrest should be avoided, particularly when the allegations appear to be exaggerated or false. 

In Kahkashan Kausar v. State of Bihar, 2022 the Supreme Court has held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand.

You should challenge the veracity of FIR in the High Court under Article 226 constitution of India, if there is no specific allegation of cruelty in the FIR. When the informant has lodged an FIR with a very general allegation which does not have specific date or events then the high court may quash such a false FIR. 

You should immediately file a writ petition in the high court for quashing of FIR under Section 498A IPC. If you have evidence which prima facie proves that the particular accused has no role in commission of offence and he has been falsely implicated there is high chance that the high court may quash the FIR.

Shivendra Pratap Singh

Advocate

High Court Lucknow