Victimization under 498A IPC


When a complaint, true or false, is filed by a wife against her husband and against relatives of her husband in a police station, police officials usually call both parties to settle down the dispute or pass on the complaint to the women cell so that both parties can try to reach to a compromise to the satisfaction of complainant.

If the parties are still unable to solve the dispute amicably, then the women cell usually direct parties to go for mediation. If the dispute remains unresolved, then the matter comes back to women cell then police officials register it as FIR.

Important points: –

1. If the accused is not arrested, then he should file for anticipatory bail as early as he can.
2. If any of the accused is arrested, then they can apply for regular bail.
3. If the arrest warrants are issued, the accused must surrender as soon as he can before the police. It becomes easy to defend the case in the court if accused has wilfully surrendered.
4. Sometime these accusations can be placed out of sheer outburst of sense of revenge, and wife may realize futility of her actions with passage of time, therefore husband shouldn’t put more efforts to expedite the judicial process and must wait for things to settle down and let them take its normal course.

Online Legal Advice

Statutory law Reference.

1. 498A IPC

Prevention from Arrest

1. When a FIR is lodged against husband and his relatives, one should apply for an anticipatory bail for all involved. Even if one of accused gets the anticipatory bail, others can substantiate their claim on that basis

2. Try to put your case for mediation with the help of your lawyer.

3. Try to schedule your case for Lok Adalat hearing with the help of your lawyer so that it may lead to a compromise.

4. Try your best to negotiate and settle the dispute with accuser and her parents.

5. If the husband and his relatives have not committed any offence such as demand for dowry or physical abuse, then he has every right to defend his rights and court take cognizance of unsubstantiated accusations.

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