Filing fir on wife in retaliation to false case filed by her.
Satyamev
(Querist) 19 December 2014
This query is : Resolved
Brief :
1.Husband from U.P(Delhi NCR) , Wife from Uttrakhand. Where there is no provision of ACB.
2.Married in 2014 without taking or demanding any dowry , wife goes to parents house and takes all Jewellery along in 15 days after honeymoon abroad.
Keeps unrealistic demand of transferring property in her name and asks for 50% salary that is denied.
3.Wife and in laws go abusive and file FIR U/s 323,504,506,498A,3/4 DP.
I realize that she is a changed lady and not the one I knew for sometime before marriage. She changed overnight and turned out to be extremely vulgar , arrogant , abusive .So did her family.
4. Woman Helpline counselor was unbiased therefore report goes in favor of boy party which is unusual but still FIR is registered through manipulation and investigation starts.
Also includes cousin sister as accused who does not live under same roof.
5. Lot of manipulation happens in the investigation as her uncle is a MLA on which I kept a close tab.
IO was bluntly behaving like complainants witness
Investigation protocols & procedures are challenged by the accused through thousands of RTI Applications on Police Authorities ,finally the investigation is transferred to a trainee IPS Officer fearing my retaliation on their department.
5. Investigation is done and 323,504,506,3/4 DP is removed from the FIR , and cousin's Sister's name is also removed and charge sheet is filed in the court which does not mention any commission of offence by the boy party(Husband,Mother,Father)but we named as accused.
Rather its mentioned that girl has submitted fabricated evidence of Medical examination and about the crime scene which has been countered by the accused through counter evidences.
But still the charge sheet is filed in the court U/s 498A without commission of offense along with girls 161 CRPC statements.
5. IPS Officer says he has limitation and even after knowing that me and my family is innocent he cannot cross certain boundaries of Policing and put FR but he has done whatever it was in his capacity after seeing my evidences.
6.To revoke the arresting stay of husband & in laws given by HC, wife files counter affidavit with false annexures of false Medical Docs which the hospital confirms in writing upon sending legal notice by the accused that its forged and fabricated and the girl in so and so name was never treated by them on that date at any given time. Also mentioned that the Hospital pad is fabricated.
7.Husband files rejoinder affidavit along with the annexures relating to false evidence given by wife in HC-counter affidavit but same day charge sheet comes and the Writ is disposed as it is for Quashing FIR and retaining Arresting Stay.
Hence Writ was disposed.
8. Lawyer says will file Quashing of Charge sheet in HC or SC if failed in HC once certified copy of Chargesheet is received as it has very good chance of quashing , also it will give me relief in all other false cases filed by my wife for DV , 406, 125 , 24 as her base is her False FIR U/s 323,504,506,498A,3/4 DP out of which only Charge-sheet is filed u/s 498A without commission of offence but keeping me and my parents as accused for formality.
Query :
It's tentative that Quashing of chargesheet U/s 498A may happen or may not happen.
If it does not happen then can I still file a single FIR under various sections in my home town U/s 182CRPC ,420,467,468,471,120b(Forging and fabricating documents as indisputable evidence is there which the girl cannot prove wrong)along with U/s 406 for taking away jewellery for which we have photos that we gave in wedding , and U/s 500 ( Criminal defamation ) as she has sent many emails to my office HR and colleagues accusing me of all wild and absurd allegations that no truth in it and her FIR ingredients are based on that as well.
Please suggest as I want to get her punished on a serious note.
My previous threads
http://www.lawyersclubindia.com/experts/Quashing-of-323-504-506-498a-3-4-dp-508276.asp#.VJPMgusOA
ajay sethi
(Expert) 19 December 2014
you can file complaint of criminal defamation against wife as she has maligned your reputation .
you can also file complaint of forgery and fabrication of documents against your wife
Satyamev
(Querist) 19 December 2014
Thanks Mr.Ajay
Few Quries :
1. Is it possible to file a single FIR U/s 420,467,468,471(For forgery) 182 CRPC (for provoking the Gov servant to set the criminal law in motion against innocents)u/s 406 for carrying away jewellery and 500 for criminal defamation.
I am not aware if all these sections can be included in one single FIR or not.
If no then why not( Technical reason ) if yes then no comments.
Requesting more comments from other experts.
Devajyoti Barman
(Expert) 19 December 2014
In single complaint( not FIR) all the offences can be alleged on which basis the Police while registering the FIR will include all the relevant sections. The victim need not mention the sections.
Rajendra K Goyal
(Expert) 19 December 2014
Complaint is to be lodged, sections under which the complaint falls is the duty of police.
