A false complaint under what was Section 498A IPC — now Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 — is unfortunately a reality in many matrimonial disputes in Kanpur, and clients facing one need to understand both how to defend against it and how, strategically handled, it can actually strengthen their position in the divorce proceedings.

The first and most important legal point is this: under well-established Supreme Court authority — K. Srinivas Rao v. D.A. Deepa and K. Srinivas v. K. Sunita — filing a false or malicious criminal complaint against a spouse and their family members itself constitutes mental cruelty, which is a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act. The very weapon that was deployed to harass you becomes evidence of the cruelty that justifies dissolving the marriage. Kanpur's Family Court is fully familiar with this principle, and experienced matrimonial advocates present the false complaint and its consequences — arrest, loss of employment, social stigma, family damage — as part of the cruelty case.

On the criminal side, the immediate priority is protection. Anticipatory bail under Section 482 BNSS protects you and your family from arrest while the case is live. Where the complaint is demonstrably false, a quashing petition before the Allahabad High Court under Section 528 BNSS — based on the Bhajan Lal categories and the Supreme Court's specific guidance on 498A/Section 85 BNS misuse in Arnesh Kumar v. State of Bihar — is the most decisive remedy. A quashing, or an acquittal after trial, then becomes powerful additional evidence of cruelty in your divorce case. Coordinating the criminal defence and the divorce strategy from the outset — rather than treating them as separate matters handled by separate lawyers — is what produces the best outcome. The criminal and matrimonial advocates working together at the Kanpur panel of Aapka Legal Advice are experienced in exactly this coordination.

Once the criminal matter is resolved in your favour, further counter-remedies are available — a complaint for making a false report, a civil suit for malicious prosecution, and a defamation action. Keep meticulous records of every consequence of the false complaint — employment impact, medical impact, social damage — because those records are what power the cruelty case and any subsequent counter-action.