Defamation under IPC 499 & 500 after B Report by Police in 498A

[Nagraj Thadur]

Respected sir,

My wife had filed a false case of 498A, 323, 324 & 506 including DP 3 & 4 which got proved to be FALSE by Investigating agency. After obtaining all the evidences and accordingly filed B Report stating its a FALSE CASE. I have requested police to initiate IPC 182 as well..

I know OP will file protest petition and taking cognizance is left to magistrate.

1. Do I have room to file defamation based no B Report by Police, am I too early?
2. She even have my valuables including gold in her custody. May I use IPC 406 based on B Report for recovery?
3. What are the available counter cases I may use it?

[Dr. Ashok Dhamija]

I have answered a similar question at the link: Defamation case for false 498A IPC case filed by wife. Please read that as it covers a part of your question.

As regards your question relating to offence under Section 406 IPC, there is no restriction under law for filing the case. So, you can file a case. However, it is for you to judge whether in the peculiar facts and circumstances of your matter, such case is advisable and/or whether it would succeed.

     

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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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