498a
Querist :
Anonymous
(Querist) 20 October 2011
This query is : Resolved
Sir,
Please throw light that if a boy is 19 years and the girl is 18 years they eloped and letter on case was filled by the family of the girl u/s 366 and simultaneously the girl said in front of the magistrate that she her self married the boy but the family of the boy has filed case under the Prohibition of Child Marriage act 2006 both the cases are going on. Now they have filed 498A in PS whereas the girl never ever were accepted as daughter in law nor allowed to enter in house but the boy and the girl was in uncle's house of the girl now the boy is with his own parents so they are trying to make 498A
Please throw light that in this situation 498a can be filled or register by PS.
It will be grate help if reply get earlier
kuldeep kumar
(Expert) 20 October 2011
498a is not applicable as girl is enjoyig with boy.already many husbands r ruined and u r enlarging scope of 498a.muh se nikli bat or bandook se nikli goli kabhi wapas nahi ati.girl has left the domain of her parents thats y i made dialogue..
Shonee Kapoor
(Expert) 20 October 2011
if the girl says, she is not harassed, there is no 498-a.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 21 October 2011
It was her statement before magistrate that she married her own but now as the boy has gone to his house alone so the hole family including the girl has made FIR against all the family member of the boy.
is Minor marriage maintainable?
No Marriage were ever solemnize as the girl said in front of the magistrate so we are in the court battle challenging to prove the marriage, no photo no priest etc were furnished by them as prof. The FIR they lodged in PS is just for harassment
Arun Kumar Bhagat
(Expert) 21 October 2011
If you deny the marriage then charge u/s 496 IPC shall be levelled against the boy.
Querist :
Anonymous
(Querist) 21 October 2011
I have written to PS please verify and correct me.
Speed Post
From,
xxxxx Date:-21/10/2011
To,
The xxx Police Station
Subject: Please Register FIR or NC as the facts of the case indicate.
Respected Police officer
With this letter I request you to register my complaint either in the form of FIR or NC whilst my incident suggests having regard to laws of the land
There was a call from the Officer in Charge from mobile Nr. yyy to my wife’s mobile phone number xxx on 20/10/2011 at around 6:40 P.M. He informed that the girl (Miss M Mahatoo) & her family has lodged an FIR against my family member, it was not informed to us by the O.C under what section the FIR was lodge by the authority. Any way the girl (Miss M Mahatoo) here before lodged an FIR in the Gabhoru Pather P.S. on 11/07/2011 stating as if the matter is to register U/s 498A, in this connection one I.O of Gabhoru Pather P.S. went to the nn office, Phool Bagan on 12/07/2011 to meet my wife for investigation But my wife was on leave that day as she was at xx place letter on the I.O. and the In charge of the Gabhoru Pather P.S. Informed us that the case is in frivolous nature.
Further I would like to inform you that my son never ever married the Girl Miss M Mahatoo in this regard a case was lodge from your side at xx Court case No. 190c/11 moreover a false kidnapping case u/s 366 was also lodged at xx P.S. by the mother of the Girl, the case is under trial at xx court, and my son is not elder enough to marry a girl because his age is 19 years only.
The girl (Miss M Mahatoo) herself made statement in front of the Magistrate that she went with my son from her own and solemnised marriage in a Temple at Grahambazar
, in this regard we have claimed the witnesses of the priest and photos they failed to submit and we have urged before the District Judge of xx court to nullify the child marriage under the Prohibition of Child Marriage Act, 2006. Case Nr. 99/11. And there is another case against the girl in xx court case Nr. 142c/11 we lodged at the xx court informing you and one investigating officer inquired the matter and he submitted that in future some violence might occur between the parties.
The family of the girl several times tried to make quarrel with us over phone and my son Sri yy were beaten up by them as you know that my son was forced to leave with the girl by way of blackmailing (Please refer our FIR dated 18/05/2011) they themselves made kidnapping case and they themselves released my son on bail and took him to their home and arranged for leaving together with the girl.
We informed to the Court in written and to the girl and her parents too that we will never ever accept the girl as daughter in law, after that they threatened us that they will implicate us in heinous crime like 498A. All the action taken by the family and the girl are part of that threatening committed to us which we informed you earlier and consequently the case we lodged, case No. 142c/11 at xx court against the girl and her family.
There is much cogent evidence that no marriage were ever solemnised with Miss Monisha Mahatoo with my son xx
1. A case under section 366 IPC is still going on in xx trial Court which was lodged by the girl’s side at your Police Station.
2. My son Sri xx is under age to marry a girl, if any child marriage is being solemnised then it is duty of law enforcing agency to prevent such marriage No such action is being done from your side so we consider that it is under your knowledge no marriage were ever solemnised. (The hole fact is well known to you) if any action were/is taken please inform.
3. We went to lodge an FIR on 18/05/2011 at around 10:10 PM that the girl and her family are blackmailing my son to marry the girl (Miss M Mahatoo). The future course of action was initiated under direction of the higher authority and the fact is well known to you.
4. The hole fact were dealt by you from 18/05/2011 to till date, the I.O. did his level best to implicate my son in a kidnapping case keeping aside our submission dated 18/05/11 and onwards submission.
5. And the sentence of the O.C. over phone to my wife “you look after us we will look after you” we consider this as threatening to withdraw our submission to the State Police Accountability Commission against some of your officers.
6. In these circumstances it is intangible that you are in revenge mood or forcing us for compromise.
As no marriage were ever solemnised by us so remedy under section 498A IPC or D. V. Act will be unlawful. Therefore I earnestly request you to protect us from this 498A racket.
Further I request you to make proper investigation, if you found us guilty send us behind bar but at the same time I request you to lodge F.I.R. against complainant under section 182, and 211 read with 511 IPC if you found false charges were made by the complainant against us.
Neither a copy of the FIR (As the OC said over phone to my wife) nor notice we have received yet under section 41A CrPC so please send a copy of the FIR at an earliest. As citizens have the right to due process Article 21 of the Indian Constitution is one such right and it asserts the importance of due process. It says: “no person shall be deprived of his life or personal liberty except according to procedure established by law” Due process lays down that the procedure for depriving a person of his life or liberty must be lawful, reasonable, fair, and just. Due process means that no police officer has the right or the authority to affect the arrest of an individual merely because the person has been accused in a criminal case. My son Sri xx were arrested u/s 366 IPC without following due process, where as he was shouting before the law enforcing agency that he is being blackmailed since long by Miss M Mahatoo please refer our FIR dated 18/05/2011 and our son missing report dated 23/05/2011 after these report the family of the girl side lodge an FIR on 24/05/11 stating that the girl Miss M Mahatoo were kidnapped by My son Srixx on 18/05/2011. After completion of six days they lodged FIR against My son
I request you to compare both the FIR field by my son on 18/05/11 and field by Mrs N Mahatoo dated 23/05/11. You will find that the girl Miss M Mahatoo were making call to us taking mobile from pedestrian from evening to 9:00 O clock night, if she were
kidnapped by my son why/how she were calling to my son instead of calling to police station or to her family member . the mother of the girl Mrs N Mahatoo stated that at around 5:30PM on 18/05/11 her daughter were kidnapped by my son and kept hiding somewhere and married forcefully, 18/05/2011 this is the same date that she were calling over phone to my son taking mobile from pedestrian after 5:30PM We mentioned those mobile numbers in our FIR dated 18/05/11 from which she was calling to my son. How a kidnapped girl can make calls standing on roadside up till late night and request for mobile phone from pedestrian a simple call back to those given number from your side will make everything transparent.
Also, I respectfully bring to your notice the following laws which have come to my knowledge:
a) The complainant is conscious that making False Complaint against any person is an offence u/s 182 and 211 of IPC 1860.
b) The complainant has come to know of this landmark Judgment which must be shared. In Joginder Kumar Vs State Of UP – 1994
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another.
The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.
It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.
c) The Complainant has come to know that- Police Wilful disregard in discharge of his duties may constitutes a Criminal Contempt Of Court: The process of administration of justice begins with the violation of a right of a person or the committing of an offence by a person, well before any FIR is filed OR case is registered in the court.
d) The Complainant brings to the notice In the light of Contempt of Court Act- Section -2(c), If Police refuses to register FIR or refuses to investigate the case or refuses to apprehend or arrest offenders or trying to protect the accused or the guilty in any way, than a Criminal contempt of Court u/s 2(c) (III) of the Contempt of Courts Act 1971 can be filed against them for causing obstruction in the administration of justice.
From the above fact it is clear that they are specially the girl trying to become daughter in law
of our family and other member of the said family is misusing the law and creating mantel agony and harassment to all our family member.
This is for your necessary action
Yours faithfully,
(Sri XXX)
