498 no evidences/ 377 no medical quash?

Manager

 

·         Got married to a widow in nov 10 with a 5 year old son (not adopted but in school he has my name as father).

·         Not a single penny was given as stridhan or dowry

·         6 months she started objecting on my lifestyle and threatened to file 498a

·         She leaves my house with her child and came back very next day with her family and took some money (rs 8000) from me and she even slapped me

·         After reaching her house she called me and apologized for her and families act which I recorded on the phone she even admitted that she is loosing her mental balance

·         I even wrote her father a mail for what they did and he too apologized via mail.

·         I was not taking her back but she emotionally blackmailed me so I agreed on her signing a affidavit that I never demanded any dowry and did not torture her.

·         She came back but refused to sign said affidavit but I admitted her in university to do B.Ed that she is busy.

·         I took her to a neuropsychiatrist and have the prescripttion but she did not take any medication

·         One day in june 12  I got a call from police station and I went to PS where she and her father were sitting and shouting.

·         Police wanted to have a mutual but I refused and asked him to file the FIR (5 pm)

·         Next at about 11 am I was out on bail and her dream of seeing me behind the bar was quashed

 

FIR reads: I got married to …who is resident of… immediately after the marriage I started to torture her mentally any physically  he was involved in adultery and did not provide me any financial support. Recently he is forcing me to leave my matrimonial house and asking for a flat from my parents. My jewelery is kept with my inlaws. I would request you kindly take necessary steps.

·         Very next day I filed separation case in which she has given objection and did not mention any of the matter mentioned in FIR (CAN i USE THIS IN QUASH)

·         As she could not get be behind the bars someone advised her to file 377 in the name of son and she gave a undertaking to the magistrate after 10 days of FIR to add section 377.

·         When even this could not get me behind the bar she went to my boss and got me suspended

·         Recently police has filed a chargesheet which contains only her allegation 498a dp ¾ and section 377 is added but no medical of the statement of the child. It is written that the mother does not want her son to give statement. “prima facie charge is well established” How????

·         Two witness have said that we know they have some differences between them but we do not know the details.

·         During this period she did her B.Ed and got a job in a pvt school and earns 5000

·         She has filed DV and want 15 lakh as I earn 50k a month. (DV report doesnt go with FIR AND 377 as she did not mention any thing about child and just mention "he is stressed'!!!

·         After 498 I am not staying with her in my house which is a govt Qtr and she is happily staying in my house with her father. I wanted to surrender my qtr but lawyer stoped me saying so far she can not prove any thing nagative about you and if you do this now judge might feel otherwise for you!

·         Judge want me to pay and get out of this mess and move on with life but its not a matter of money but a matter of “what I want to promote?”

·         I have email and phone recording as evidences also she has forged my signatures to get admission in a university for which I got the proof through RTI.

My plan:

·         File a quash at HC as FIR and Charge sheet only mention allegations and no medical for 377 added after 10 days

·         File Section 200 with all the evidences in hand to put her and family on run

·         Not settle for a payment

·         Challenge DV if she gets any relief in upper court ( is there any way to avoid DV relief)

·         Get divorce on cruelty grounds

Is my game plan fine?? I would seek valuable suggestion from seniors.

Thanks.


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Worker

Judge want me to pay and get out of this mess and move on with life but its not a matter of money but a matter of “what I want to promote?”

 

B R A V O

 

 

My plan:

·         File a quash at HC as FIR and Charge sheet only mention allegations and no medical for 377 added after 10 days

Best way out in false criminal cases is to face the trial & get acquittal

quash petition will amount to increased litigation for u.

DISCHARGE application before the trial court is easier remedy (but it consumes time) - if u want first try discharge application.

 

the complaint allegations being false, the complainant will fail to prove anything

in order to prove the falacies, she will lie many times - just keep noting & file perjury when u get sufficient material in ur hand.

 

 

·         File Section 200 with all the evidences in hand to put her and family on run

Do not increase litigation as of now - or u will be in greater stress. Go setp by step. It can be done later also along with PERJURY.

 

 

·         Not settle for a payment

perfect - perfect - perfect

 

·         Challenge DV if she gets any relief in upper court

perfect

 

( is there any way to avoid DV relief - NO - Fight it on merits)

 

 

·         Get divorce on cruelty grounds

perfect - Should be done IMMEDIATELY.

 

 

B R A V O

 

The day when every Husband will start fighting back, the blackmailers will understand that they have undertook a FUTILE excercise & have lost everything.


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We are with you man, these days, few educated  women think of us their slippers. When want to wear and dont, to throw. All your stratergy is good and press strongly criminal case for forging your signature.

 
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He you said that Police wanted to have a mutual but I refused and asked him to file the FIR (5 pm) Next at about 11 am I was out on bail and her dream of seeing me behind the bar was quashed

 

  1. You were arrested immediately FIR was filed at 5 pm?
  2. What was the reason of such immediate arrest?
  3. They did not take permission of DCP or higher official?
  4. You got AB the very next day that too at 11:00 am?
  5. What were package of all cases? 498a,406 and ?
 
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Worker

yes fight_with_498a

arrest at 5 pm & bail at 11 next day is possible.


its must be FIR u/s 498a, 406, 504, 506, 323 etc.


the case becomes cognizible.

 
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Hi Amit,

Pardon me for my little knowledge.

It is non-bailable and cognizible then (not police) magistrate has given the bail and that too so early (11 a.m.) without any recovery of streedhan. I have heard that bail in 498a is blocked due to 406 sometimes? Is it not the case?

 
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Worker

its cognizible - so police can arrest without warrant.

its non-bailable - so police have to produce the arrested person within 24 hrs. before magistrate, who may grant the bail.


if husband denies the presence of stree dhan with him, what r police going to recover & from where ?

at the most police can undertake crpc 100 i.e. search of hubby's home.


mereko bhi kaha sab pata hai ...

idhar - udhar padh ke jo pata chala wo share kar raha hoo.

 
Reply   
 

Originally posted by : Amit---------------



mereko bhi kaha sab pata hai ...

idhar - udhar padh ke jo pata chala wo share kar raha hoo.

 lol....you are my phone-on-friend....I keep calling you for advice :-)

Continuing my query....I was also thinking to challenge police to arrest me if in future I happen to face same scenario as I was assuming that (as per SC rulings)  police should take permission from higher officials (DCP) in matrimonial cases like 498a,406.

I was not aware that they can arrest immediately like that :-(

 
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Worker

kyon bhaya, 

kabhi kuch galat bataya kya mai ne ?? :(

 
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Worker

at the time of arrest, there is no way for the accused to know the date of filing FIR and whether the required permissions are already taken by police behind the screen.


its the day to day job of police - dont think that they freely do whatever they want without complying with the rules and procedures

 

at the time of arrest - they wont tell u anything

just come come & arrest & put behind bars - as simple as that.

 
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