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(Guest)

498A POLICE ENQUERY REPORT PENDING

Hello Everyone,

 

I am 498A harassed family member. Wife of my brother who used to stay in England before & after her marriage has filed a complaint u/s 406/498-A IPC (not being turned out in FIR so far) with SSP Mohali.

 

The complainant got married to my brother on 29.01.2007 & the said marriage was the outcome of their two year  live-in- relationship as they both were in England & was living in same room since 2005.

 

After making 7 visits to Mohali we all family cooperated with investigation as when called. We gave all evidence which proves our innocence along with our statements. In 3.5 Years of Marriage girl has just stayed 6 days with her in laws in New Delhi & since Jan 2009 she did not made a single visit to our house in New Delhi while have stayed around 10 days at my place in Faridabad along with her parents all the time.

 

The present complaint with S.P (HQ) is the outcome of a proposals made by girl mother, to my brother of being GHAR JAWAI with them at Zirakpur as they feel that their ONLY DAUGHTER is unable to take care of her new born child alone, OR my brother take them all (his father in law & his mother in law) to London and they all stay together. My brother totally rejected this offer from his mother-in-law & told his wife that he wouldn’t agree to such unethical demands.

 

The allegation made by girl is not being supported by single evidence from their side & I assure you that the present complaint does not appear to be a prima Facie case as well.

 

Question of demanding dowry or torturing girl for dowry by any family member does not arise at all as her matrimonial home was in England where she used to live before & after marriage.  All my family members have falsely being implicated in the complaint. Police investigation report is still pending but today we have received summon in Delhi by Mohali court where the girl has filed same criminal complaint against all family members with Honorable court.

 

My questions is as below –

 

Can a girl file same nature of complaint with court when it is still pending with the SSP Mohali office?

What are counter cases we family can file from Delhi once Punjab Police pronounce us innocent? Remember Girl reside in District Mohali

 

Many thanks in anticipation for your views/ replies.



Learning

 2 Replies

ved prakash (adocate)     13 September 2010

Please study the complaint carefully and note the incedents which are competely false and you are in possession of documentry evidence to prove the same.Submit those proofs to IO. Now give the compainant a notctice either to withdraw the said allegation imediately failing which file a suit for damages on the ground pf malacious prosecution. Smiliarly you can file other types of  cases. Remember offence is the best defence.

ved prakash (adocate)     24 September 2010

question 1. nO . She would have most probably filed a maintenance case under section 125 of cr.p.c or under domestic violence act and for these cases you are not required to take bail.

 

question 2  you should file case for damages for causind defamation to famiily and harrassment and also divorce petition on grounds of cruelty and imposing unethical condions of becoming ghat jawahi


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