498a & 406
Akbar Khan
(Querist) 22 April 2012
This query is : Resolved
Sir
A complaint against me my family father ,mother, brother was filled in Women police for RPC 498A & 406 on oct 2010,which culminated into challan/chargesheet in Court in Dec 2010 and challan /Chargesheet was filled by police against me only for RPC 498A & 406 .Now from Dec 2010 till date it has now come to final stage for argument whether the charge is to be framed or not.
Now my query is that shall I apply for Quashment of FIR or chargesheet at this stage, Or I shall wait till the argument for charge/Discharge is over in court and wait for the court order of charge/discharge.
Or I shall apply for Discharge U/S 482 .
Plz advise me what to do and at what stage what step I should take.
Gist of FIR is as under :
“Applicant was maltreated & beaten by her husband & other In-laws, that caused the applicant mental agony & financial problem & applicant felt ill. In-laws people remained with their financial gain & applicant was not cared. Applicant at the time of marriage & after that whatever ornaments & costly electric goods brought were misappropriated by the In-laws & some were 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 now living with her minor daughter in her 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.”
Witness statement recorded by police along with chargesheet are
1)The lady hereself 2)My father in law 3)Uncle of my wife 4)Neighbour of my wife to whome i have met just once in my life. 5)one of friend of my wife who is know to me also.
And none of them is from my place all reside some 30 to 40 Km from my place of residences
PARTHA P BORBORA
(Expert) 22 April 2012
it appears that there insufficient incriminating material against you to frame a.charge under section 498a. So in my opinion you.should face the trial.
Shonee Kapoor
(Expert) 23 April 2012
This is the gist of the FIR, what are the actual contents of the FIR.
The discharge might succeed, if this is the actual FIR.
Otherwise nothing can be said w/o looking at the complete FIR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Akbar Khan
(Querist) 23 April 2012
Dear Shonee Ji,
I have asked you earlier other queries about this case also, This is English translation of actual 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 Akbar . Against :- 1) Akbar 2) X F/O Akbar 3) Y B/O Akbar 4) Z M/O Akbar 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-laws, that caused the applicant mental agony & financial problem & applicant felt ill. In-laws people remained with their financial gain & applicant was not cared. Applicant at the time of marriage & after that whatever ornaments & costly electric goods brought were misappropriated by the In-laws & some were 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 now living with her minor daughter in her 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 occurrences 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. ABC (I/O)
Occurrence of Offence: - 25-04-2009
Information received at police station: - 29-10-10 at 16:30 Hr
Reason for delay: - Waiting for Compromise.
Kindly Guide me.
