406 ipc on wife
johan
(Querist) 19 May 2016
This query is : Resolved
During the marriage I had recieved gold ornaments as gifts from my mother as per Mangalorean Catholic tradition. Next day I had given my wife these ornaments to keep in her bank locker as per her suggestion. My parents and housemaid are witness to this giving gold to my wife.after my wife filed for divorce I sent her a mail asking for the ornaments back.but she replied saying she doesn't have them.After that I have filed an fir against wife u/s 406. I have given bills of the gold jewellery and witness statements to police.But police is saying we have not recovered the gold from her house hence we will close the fir.I am sure they are hiding the gold somewhere else.Is the police view to close FIR right as per law ? Is my FIR maintainable in Court of law on merit of specific allegations eyewitness statements and bills?
Sudhir Kumar, Advocate
(Expert) 19 May 2016
police seems to have acted beyond powers.
they cannot compel her to return the gold gifted by you.
P. Venu
(Expert) 19 May 2016
You can approach the jurisdictional Magistrate u/S 156(3).
T. Kalaiselvan, Advocate
(Expert) 21 May 2016
Section 406 is for breach of trust;
The provision reads thus:
Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
You could have given a complaint for stealing your jewels which could have been more effective for recovery.
However, if you are not satisfied with the police action , you may approach judicial magistrate court with an application under section 156(3) for more proper investigation.
Dr J C Vashista
(Expert) 24 May 2016
Move an application u/s 200 r/w 156 Cr PC if you are not satisfied with the action of police.
SAINATH DEVALLA
(Expert) 24 May 2016
The evidences of the witnesses U mentioned have no impact.Bills are of use only when the ornaments are traced.
The suggestions of the above legal experts are appropriate.
