498-a & 406
Querist :
Anonymous
(Querist) 13 October 2011
This query is : Resolved
Sir
I am sending English translated FIR copy & brief history of case:
FIR
Complaint is that this time complainant in the case present in Police station a written application presented as under :- To SHO Women police station …………………,Application from Sana W/O Rashid.
Sir my marriage has been Cermonized before 3 year by my parents with Rashid S/O …………… R/O ……. Under Muslim Personal law. Applicant was living with her husband in bad conditions & troublesome life. During this period two issues were born . One in year 2008 who died & second in year 2009 who is living female child. Applicant was maltreated & beaten by her husband & other in law including brother in law mother in law & father in law , that caused the applicant mental agony & financial problem & applicant feel ill. Inlaws people remained with their financial gain & applicant was not cared. Applicant at the time of marriage & after that whatever ornaments & costly electric goods were misappropriated by the inlaws & some was used in the marriage of their second son. And applicant left uncared & thrown out from there. So many respected persons intervened but husband of the applicant cheated them & world of the applicant was destroyed & applicant is living with her minor daughter in parental house. Husband of the applicant is playing a deceptive role & applicant came to know the ill will of her husband. For greed & selfishness he has kept the wedding knot to add miseries & he is adamant to cause physical torture. The applicant be heard & applicant admits the all contents of application.
Police Enquiry :-
As per the report of the applicant prima-faciely occurance of the offences U/S 498A & 406 RPC is made out. As such case is registered & for investigation purposes & same is being assigned to Mr. XYZ
Occurrence of Offence : - 25-04-2009
Information received at police station :- 29-10-10 at 16:30 Hr
Reason for delay :- Waiting for Compromise.
Brief of Case
Got married in oct,2007 , posted Divorce to her in Nov,2009, which she refused to accept. On Oct 26,2010 she filled a case for Restitution of Conjugal rights 3 days later she filed FIR for 498-A & 406 case against me & my whole family in Women police station, the FIR culminated into challan in the Court in the month of Dec,2010 & the challan was filled against me only. During the police investigation I & my whole family were on bail, we applied in High court for Quashment of FIR which against my whole family,which later was withdrawn by my advocate after challan was submitted in Court. The Case is in Court is for discussion to see whether the chargesheet can be framed or not.
what is the credibility of the FIR,can the police make a case of 498A & 406 out of it. and can I apply for quashment as initial the quashment of FIR was for whole family now it is against me only. or charge sheet if framed
Shonee Kapoor
(Expert) 13 October 2011
Dear Friend,
If this is the actual FIR, you should wait for chargsheet before filing for quash.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 October 2011
Yes this is word by word translation of FIR.
So kindly give me advise & steps to follow to handle this.
kuldeep kumar
(Expert) 14 October 2011
u wanted divorce from her is a mistake on ur part.ur wife done things cleverly.she filed rcr first and then filed cri case.now u will have to defend ur case.if only challan submitted agaist u and other member left.it shows other members have chance to escape out.but other members are not free they can also be called.there are various provisions under crpc to call.
prabhakar singh
(Expert) 14 October 2011
wait for chargsheet before filing for quash.
Querist :
Anonymous
(Querist) 14 October 2011
The advise i am requesting is
1)How should handle the case so that it is not charged.
2)If chargesheeted what should i next.
kuldeep kumar
(Expert) 14 October 2011
JACK N CHEQUE BUT IF MISHANDELED U R BACK.
Querist :
Anonymous
(Querist) 14 October 2011
I don't get " Jack N Cheque but if mishandeled ur back "
Please Mr Kuldeep without quotation i am requesting for suggestion in simply words as i am lay man for Law.
kuldeep kumar
(Expert) 14 October 2011
UR QUESTION IS ALREADY SOLVED GOOD WY.U SAID U WANT TO ESCAPE OUT BEFORE BEING PUT FOR CHARGE STAGE.HOW ITS POSSIBLE.I THINK U HAVE NO REMEDY THAN TO BEING PUT URSELF TO STEP BY STEP STAGE OF UR CASE.
Querist :
Anonymous
(Querist) 25 October 2011
Sir,
I had hearing of my 498A & 406 case on Saturday,the Magistrate has kept date for final argument for chargesheet,my request is can I get an Advise (Some Important Points) from Respected Experts after having a look at the FIR so that I can also request my Advocate to take these point in the chargesheet argument.
