498a : vigilance report over dp act


Case :  
   Falsely implicated under 498A. Fighting custody for daughter as well. Case is under train in  Mumbai.  Dowry was claimed by my inlaws.     My FIL retired from central gov org in kolkata.

My vigilance complaint
    I have filed complaint  against F.I.L before Vigilance under dowry protection act. As an evidence i have given their statement recorded before IO and submission before. I requested to look in to correctness of statement , disproportionate asset and violation of dowry protection act.

Vigilance Response
  1.   Deny to look in correctness of statement as Mumbai police is doing.    I agree
  2.   No disproportionate asset as per their record. Good for my evidence before court
  3.   They agree if such my F.I.L has given dowry , it is a cognizance offense and written  " appropriate action may be initiated on the basis of the result of the investigation by law-enforcement agency in this regard".

My query and seeking suggestion

  a)  For point #3  who will initiate and refer to law-enforcement agency ? or which law-enfo agency here ?   
   Should i ask Mumbai police to start investigation based on vigilance report ? 
 
 

Thanks

 

 
Reply   
 
Advocate

Ask local police already investigating criminal charges of dowry against you to investigate issue of giving dowry against your FIL. If there there exists evidence of misappropriation of fund by FIL during his government service file complaint to his vigilance department even after his retirement any matter relating to corruption can be investigated and he can be charged as well prosecuted. Income tax department will take care of undeclared money if he had, if that is the case, make a report to that department too.
 
Reply   
 



Dear Prakash Tiwari,

I do have a similar kind of problem, My FIL is a retired employee of a State government. He is getting pension every month.

But in 498a, his statement was recorded as he had given dowry for her daughters marriage.

So, I am also planning to complain it to vigilence department. 

My question here is

1. will it backfire against me, in 498a case?

2. Is it a good idea, to proceed with the vigilance complanit? If yes, please let me know the process on "Complaint to vigilence department?"

Thanks in advance.

Fighter

 
Reply   
 

I strongly feel so. But be careful in writing , just request them to investigate the root of matter. If their statement is correct , then its an offence and so one... 

Dont write something which tells that you have forced ur FIL to give you dowry beyond his capacity.  I can share my template ..email me pctiwary@yahoo.com

 
Reply   
 

Thank you Prakash Tiwary,

I just sent you an email. Please reply with the template.

 
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will it backfire against me, in 498a case?

----> Yes, it proves that your FIL had given dowry means that you had taken dowry which is directly proved in 498a case. Both you and your FIL will be jailed together. How many people are accused in your 498a? Is dowry pb act is also added along with 498a then, you can't do much. How old is your FIL? Filing cases against your FIL will also prove that you are harassing more through other ways since case is filed. How long 498a case was filed? Is it freshly done? If it is already going on for long time, your FIL will file cases on you again as they can file cases anyway. so, be careful with it.
 

 
Reply   
 
Advocate

It appears that the queries are as to how law could be misused to harass the father-in-law. You are knocking at the wrong door, I am afraid.

 
Reply   
 

@P.Venu @Shan @Vijay . Thanks  ..i learned and assure that NO hrassment to FIL.  I just wanted to collect evidence , nothing more. Let me recheck and rethink

 
Reply   
 

It's all your negative thinking on "It appears that the queries are as to how law could be misused to harass the father-in-law. You are knocking at the wrong door, I am afraid."

It is all about how to safe gaurd our self from the false 498A cases.

As an advocate, you can suggest people with this kind of techniques, which can help people to fight on fasle 498a.

No one are knocking the wrong doors, and no need to get afraid. You can afraid about the false 498a cases and the harassment to husbands and his family. 

Every one know that, almost 95 % of the 498a cases are the false cases. You can afraid about them.

 


 

 
Reply   
 
Advocate

Provsions of 498A has lost its canines. Nowadays, the Police cannot rush to take anyone into custody, just on the lodging of the FIR.

 
Reply   
 

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