Mr. Rebates

Friday, February 11, 2011

Counter Cases in false 498a - Shonee advice

Here is a posting from Shonee, his advise on counter 498a Cases you can file on opposing party, let them feel the heat also. Every action should have an equal and opposite reaction. 

July 8, 2008

When passions run high, reasoning goes on a sick leave.

How many of us agree to the above adage. I do. My this mail might be like dousing cold water on the fires raging in some of you to file counter cases.

Whenever I meet a victim, the first thing they ask is, what can we do to put them in the dock. Which counter cases can I file? It sometimes make me want to scream on the top of my voice - NOTHING AS OF NOW, GET BAIL FIRST FOR YOUR FAMILY AND YOURSELF. What keeps the tempers in check is the realization that the reactions of yours truly were not very different from these people approaching when he was new to the world of 498a. 

But I learnt that "incoming bullet has the right of way", hence first thing I need to do is duck and let the bullet pass. The great strategist Sun Tzu in his book titled 'The Art of War' has stated, 'The warrior who runs away from a certain defeat, survives to fight another day.' Hence, do not worry, if there are certain setbacks, just survive the initial shocks and you would be fine soon. I am telling you guys from the collective experience of many a fellow 498aed people. 

When yours truly was new to this, his first reaction was to file some counter case at the earliest. But better sense prevailed (more than that, better counsel prevailed) and the energies were concentrated on getting AB first and making sure that at least few of the family members are discharged from this false and frivolous case. Despite the same, yours truly were looking for ways to file counter cases. His usual pleadings to the counsel was - despite so many of the clear proofs of the complicity of the family members of his bitter half in criminal conspiracy and criminal intimidation and the cheating and dishonesty of the lovely 498a wife, why is he not proceeding against them.

The counsel dug his heels and told me nonchalantly that my out-laws (oops in-laws) would provide me sufficient grounds to start the proceedings in due course of time. So I should not hurry up. AB and discharge is the first priority. Challan is second. And then only, if he is sure the cases are sustainable, he would proceed. In the hearts of heart, I had come to respect this person. He surname being a Kapoor helped the matters as well and he became a "Bhaiya" rather than "Vakeel Sa'ab". And soon, I started following his advise despite some disagreements. In almost all of the cases, I let his wisdom prevail. 

And now that there are two cases running against me, I being out on bail, challan filed, three people discharged, and the matters reaching level-playing field once again, he finally gave me a go ahead. And to my surprise, he showed me two drafts to choose from. "When did you prepare these?" I asked. "Long back" was the reply. This man knows his trade, I marveled. 

He has done and taken some commitments with me. These are very natural and ethical and seemed like conditions of Bail:

1. I won't lie in court in this case or any other case. (Voila!!! I have nothing to hide)
2. I won't ever threaten them of the impending cases (Why would I, in any case?) 
3. I won't ever go to her house/ street/ mohalla, even on an invitation.

Enough of singing paigns to my lawyer, now coming back to the counter cases once again, as per my understanding there are multiple cases which you can file.

Tax Evasion Petition: The most potent, but most under utilized tool by most of us. The statement of the girl is a noose in their necks. You just need to pull a little. File the Tax Evasion Petition as soon as you get the list of dowry articles and list of expenses in marriage. Anything above 10 Lacs and they are doomed. The loss might just be financial to them, but enough to give you a lot of breathing space. Also it may help you as an evidence in your defense. 

Dowry Prohibition Act, 1961 seems to be the favorite of almost all of us, specially ever since the Judgment of Hon'able S N Dhingra about the same.

But first see your own charge-sheet, have you been booked under DP Act 3/4. The are some chances that you are not. The reasoning is simple, in most states One year from the last incident is the time limit for filing DP Act. Now, when in your state one year is the time limit for filing DP Act, how can you file a counter-case under the same act. I have seen dozens of FIRs by now. The common ploy in all these FIRs is that the last day when they allege to have given dowry is more than one year away from the date of filing of the complaint. This cannot be a chance, they are definitely by design obviously someone had read his law correctly at some point of time and most other have copied it diligently.

But, thankfully for some of us and woefully for others, this time limit has been set aside by state amendments in certain states. If you are lucky to be living in one such state where there is no time limit to file DP Act. See, the FIR/ Complaint closely, is there a specific allegation that some part of dowry was given in the jurisdiction of the state where there is no time limit. Only, if you meet these conditions, you can file a counter case. But to what avail, D/P Act, 1961 is bailable in most of the states. Again State amendments comes to the rescue of some of us, but very few.

What other cases one want to file:

120A/ B: Criminal Consipracy, What is the evidence that a conspiracy was hatched against you. Do you have a recording where they are shown hatching a conspiracy? Do you have some witness who has seen that they were plotting against you and gone ahead and taken some action?

191: Giving False Evidence
192: Fabricating False Evidence
199: False statement made in declaration which by law is recieved as Evidence
200. Using as true such declaration knowing it to be false
203. Giving false information respecting an offence committed
209. Dishonestly making false claim in Court
211. False charge of offence made with intent to injure

How can the above be done, without Evidence being done in your case.

321. Voluntarily causing hurt
Prove the same without being discharged. Can you?

378. Theft
380. Theft in dwelling house, etc

Did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

403: Dishonest misappropriation of property 
405: Criminal breach of trust

Again did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

499: Defamation
500: Punishment for Defamation:

Again valid only when you are discharged, though the application may lie before you get discharged too, but no proceedings would be allowed.

503: Criminal Intimidation
504: Intentional insult with intent to provoke breach of the peace

What are the proofs for the same, any previous litigation? Or is it just a counter blast.

182: Giving False information to public servant:
On discharge naturally.

Then there are other cases, which might apply in very particular cases, and can be 307/ 323/ 377 etc., but without basis and unsubstantiated, it does not appeal to my sensibilities.


Hence my dear friends, let's not try to bring cart before the horse or try to cross the bridge before we come to it. First priority should be to get AB/ Regular Bail for all family members. Then wait for challan/ charge-sheet and then till you get a chance to file other cases.

One thing which I have noticed that at the start of the case against us, we are all fired up to file a counter case. And once the case ends and we win, what do we do? How many of us know of people filing 499/ 500 or 182 or any such other case. How many of us have given press release to stop other bitter-halves from filing false and frivolous cases? 

How many of us have written to the DGP of our state citing the circular of Delhi Police and SC Judgment of Joginder Singh with a request to give similar direction in our state. How many of us have filed RTI to get data from the government? I am sure to such people, the statement of Jai is intended to (To whom I must apologize, as I myself got carried away). If you are not happy with the state of affairs, it is time to get started and do something to change it. Not by violent or un-lawful means but within the statutes of law and gentle persuasion.

Are not we the same people, who did not vote and now complain of having a good-for-nothing government? If yes, let's keep mum and let things be as they are. We have no right to object, comment or criticize the government if we have not fulfilled our duty of voting. And we should not build air-castles, if we have no intention of taking things to there logical end.

The strength of the man is not in his words but in his actions. If you have it in you, get started, help others, file a PIL, an RTI, shoot letters to every possible place and educate people about menace. Your time would come to get even.


Shonee Kapoor

PS: Just another mooring - GET EVEN, DON'T GET CROSS.


  1. I don’t think one can file cases when the matter is pending beforew the courts..Except 340 Crpc..the court case is maintainable only after the disposal of the matter as courts cannot run 2 parallel cases simultaneously


    goto google & type

    & get some hints to fight


    goto google & type

  4. If you are being trapped in false matrimonial by your beloved or any women, then please do not worry friends. Send me an email, I will send you free ebook where you will learn various counter tactics how to fight out these cases yourself without the help of any lawyer.
    In the mean time, you can goto google & type
    And here also you will find many tips by Atur Chatur. This is a free service for the benefit of community at large.

    If any problem, then feel free to email ATUR CHATUR at
    aturchatur yahoo com

  5. KABADDI TACTICS - (Part-1)

    In Order to fight this fight against gender biased laws, one needs to understand the KABADDI TACTICS where your prime focus even if it is your wife but still you need to focus on some more areas which infact trouble u & your family more than the wife herself. This will help you understand how to close these false cases & SOCIAL STIGMA on u & family.

    Beware of l@wyer/s & their commi$$ion agents in this fight as these l@wyer/s & their commi$$ion agents will never let you learn the real tactics to win these gender biased cases on u.

    KABADDI TACTICS - (Part-2)

    Instead of putting any direct allegation on your wife like 406, 138, 420, 307 etc one must rely on the words of the complainant wife which she has put in her complaint against u & file PERJURY on that basis. Even though Perjury is the end goal & as per me it must be put in first available opportunity but still RTI & CrPC 91 can act as the pre-requisites to this perjury application.

    Remember, the courts all over the world give sanctity to a wife/lady/abla naari's words & your core concentration must be to break this myth and to tell the court (thru Perjury & Vehement Argumentation) that she is NOT abla nari because her words include, "perjurious accusations" & also inlcude the terminology "shirking responsibilities" in case that suits.

    Your fight is NOT with your wife and instead Your fight is with the system which believes the words of your wife as sacred which you very well know are false. Attack on this sanctity belief of the courts & make them believe that the plaint by your wife is vexatious & these accusations are perjurious.

    This is the stupidiest of action taken by any wise man if his wife runs with money as these type of cases suit only when the wife runs with money within a short interval of marriage because only then this case seems workable as per my understanding. Now, if a wife runs after many say 6-7 years after marriage & that too after issues then NEVER file fresh 406/138/420 type cases. Instead include all those allegations within the WS & within the Perjury Application annexed to WS.

    Because if u include all those averments within WS+Perjury then that would mean "EK TEER DO NISHANA" because while replying to her plaint you will put Perjury within WS & this will mean that your WS will prove that her complaint is vexatious & also filled with perjurious accusations & shirking responsibilities.

    aturchatur's advise
    Perjury & Contempt are the two ways to close these false cases on u & to come out of this SOCIAL STIGMA on u & family if you just rely on the words of the complainant only then that is the best approach as per aturchatur.

    Expl to aturchatur's advise
    When she files a plaint against u then that copy of plaint is enough & if you just pull her words only & just prove that so & so allegations are vague, this is perjurious, this is vague, this is contradictory, this proves vacillating stand, this proves shirking responsibilities, etc etc then that is the best possible approach as per aturchatur. Further, at any point of time, if you need to get more words out from her which she is NOT giving then apply Order XI Rule 1 r/w:-

    And if u want to speed up the matter other than Order XI Rule 1 then use 21B as follows:-
    Why other than Order XI Rule 1 because this Order XI Rule 1 will itself work fast with 7-7 days time to respond ?

    Thanks Friends, and
    Best Wishes & Happy Fighting false cases & SOCIAL STIGMA on u & family !!!