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Chargesheet for 498A, 406.

Querist : Anonymous (Querist) 14 July 2011 This query is : Resolved 
Dear Sirs / Madam:

Earlier I had mentioned that We are settling the matter with the wife. Wife eager to settle, but, her father finds some or the other ways to interrupt settlement. At one stage we had also finalised everything. But, still her father & her lawyer raised unimportant & baseless issues regarding settlement. They just want that we should keep on trusting them blindly and whatever we say they want it in writing.

Now, since the settlement is cancelled as of now. Police has not yet filed chargesheet for 498A & 406. In fact, whenever the Police called the Wife for Punchnama, She did not come. We got AB in March, 2011. Police tried hard to get her for Punchnama. But, her Lawyer is not allowing her to go for Punchnama. Because they know that at the time of Punchnama they will not find anything as she has already taken her things while leaving her matrimonial (our house) home. They filed DV Act 2005, 498A & 406 just to scare us & extract money from us. They very well know that if in Punchnama nothing is found then their case will get weak & we will get Acquittal easily. So just to pressurize us they are not allowing Punchanama to happen.

In such situation, what should we do? Is there any way wherein we can directly ask or apply to the Police to proceed with Punchnama without the Wife?

Can we approach any legal department, who could officially direct the police to perform Punchnama without wife?

Could RTI be of any help?
Devajyoti Barman (Expert) 14 July 2011
The Police can submit without completing panchnama. So at least ask the police to do that.


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