Strategy and Tools to win False IPC498A Case

Posted on April 12, 2018 by ShadesOfKnife

The high-level work flow to win the false IPC498A Case is as follows:

This being a criminal case, get anticipatory bail for the Prime Accused, A1 at the earliest, even though Hon’ble Supreme court has ruled no automatic arrests should be done in matrimonial cases. Read the Landmark judgment here.
- Read the bail related information here and judgments here.
Once on bail, based on your objectives, you can proceed with any of the below approaches
- File a Discharge Petition based on Legal grounds in your case and get discharged from case at Magistrate court itself.
  - Read about Discharge Petition here and various discharge judgments here.
- File a Quash Petition based on Legal grounds in your case and get discharged from case at High court.
  - Read about Quash Petition here and various quash judgments here.
- Fight the case on merits till the end of trial and emerge victorious as not Guilty. This can drag on for many years. Be aware of this fact.
  - Go here to read various stages of the case trial and how you can safeguard yourself and your family.
- Yes, there is another way out. Go for Settlement.
  - Read the various aspects of settlement and few high-profile settlement cases and their judgments here.

Grounds for Discharge or Quash Petition

Posted on April 4, 2018 by ShadesOfKnife

Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:

(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.

False IPC (Indian Penal Code) 498A Case

Posted on April 1, 2018 by ShadesOfKnife

Searched for Indian Penal Code (IPC) 498A case related information and landed here? Not a mistake.

As someone at receiving end of a false IPC 498A case, I can understand pretty clearly your situation, intent and instinctive reaction to fight back (albeit initial shocking moments).

Section 498A was introduced by legislature with a noble intent, but like (at last count, 49 such gender-biased laws) many women-oriented laws is ruthlessly misused, left-right-center.

Consequences of misuse?

1. Innocents implicated include bed-ridden elders & minor kids in husband’s home were arrested at old and late hours of night and cunningly enough on a Friday evening. You get the point? Think.

2. Totally unrelated people are implicated, just for the heck of it, along with family members who have never lived with the Knife.

3. Thousands (‘000s) opted for suicides, due to the harassment, shame and loss of dignity and respect caused by these baseless cases.

4. NCRB statistics vividly state there things

90,000 men succumb to suicides
Most number of cases under any IPC section where Conviction rate is paltry .

Key Aspects of Protection of Women from Domestic Violence Act, 2005

Posted on March 27, 2018 by ShadesOfKnife

The key thing about the Protection of Women from Domestic Violence Act is that it is Quasi-civil act meaning it’s provisions/reliefs are civil in nature and there is no penal punishment like in Criminal cases. One caveat to this is that there is “Penalty for breach of (interim) protection order by respondent” which will attract the IPC provisions.

Per section 29 of the Act, there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Do not waste your time and resources by filing revisions which are not maintainable.

Screw Up Alert:

If you do not properly strategize and time your actions in fighting this case, you may lose money in the form of Interim maintenance to your Knife. Be aware and be alert !!

In no scenario, your property Ownership may be transferred to OP under this Act.

Bare Act here and Rules here.

Shades of Knife

True Colors of a Vile Wife

Category: Legal Procedure

Strategy and Tools to win False IPC498A Case

Grounds for Discharge or Quash Petition

False IPC (Indian Penal Code) 498A Case

Key Aspects of Protection of Women from Domestic Violence Act, 2005