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New Delhi, Delhi, 110025

Business hours

Law Office of R. Siddiqui

Monday
24 hours
Tuesday
24 hours
Wednesday
24 hours
Thursday
24 hours
Friday
24 hours
Saturday
24 hours
Sunday
24 hours

You can anytime during the day with your query.

8445111102

‘’498-A misuse legal protection

  • 1. Apply for Anticipatory Bail (Section 438 CrPC)
  • If FIR is registered or likely to be filed, apply for anticipatory bail.
  • 2. File Petition to Quash FIR (Section 482 CrPC)
  • If the FIR is clearly false or baseless, file a petition in the High Court under Section 482 CrPC to quash it.
  • You must provide evidence (like call recordings, chats, CCTV, etc.) that shows no cruelty was committed.
  • 3. Use Supreme Court Guidelines – Arnesh Kumar v. State of Bihar (2014)
  • The Supreme Court ruled that:
  • Arrest is not mandatory in 498A cases.
  • Police must conduct a preliminary inquiry before arrest.
  • Magistrates must record reasons before ordering custody.
  • 4. Complaint Against Wife for Filing False Case
  • You can file:
  • Section 182 IPC: False information to police,
  • Section 211 IPC: False charge with intent to injure,
  • Section 499/500 IPC: Defamation,
  • Section 120B IPC: Criminal conspiracy (if others are involved),
  • Section 177 IPC: False information furnished to a public servant.
  • 5. File Divorce or Restitution Suit
  • If marriage is beyond reconciliation, you may initiate:
  • Divorce under cruelty ground (Section 13 of HMA), or (Muslim Law)
  • RCR – Restitution of Conjugal Rights (if wife left home without reason).

✅ 6. Use Evidence to Prove Innocence

Collect and preserve: • Call recordings, • WhatsApp/text chats, • Videos, emails, • Witnesses who can support your side. NOTE:- 1. Do not ignore police summons.

‘’498-A misuse legal protection