Please remember that when the police closes a case on completion of the investigation, it can mainly be on one of the following grounds:
- No offence is made out on the basis of the facts of the case.
- Sufficient evidence is not available to prove the case.
- The complaint was false (and, in this situation also, police may recommend prosecution of complainant for filing false complaint or may recommend a closure of case simpliciter without recommending prosecution of the complainant).
You have not made it clear in your question as to on what ground (out of the above), the police closed the case under Section 406 IPC by not charge-sheeting you under that section.
But, it should be clear that it is not in every case which is closed by police that prosecution can be filed against the complainant for having filed a false complaint. The case may have been closed on some other ground also, as pointed out above by me.
In any case, given the type of imperfect criminal justice system we have, you should feel happy that charge sheet was not filed under Section 406 IPC. But, since charge sheet has been filed against you under Section 498-A IPC, your first priority should be to face that case. You should have patience and wait before jumping to the conclusion. It would only be in very exceptional cases (where there is strong evidence to prove it) that one should go ahead with prosecuting the complainant for filing a false complaint, given the experience with our criminal justice system.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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