Criminal conpiracy or money suit
Sundram N
(Querist) 12 December 2012
This query is : Resolved
Dear Friends & Senior,
Kindly advice that wife filed case 498a and 125 making all the false evidence against husbnad and his family members on preplan base.
her father made evidence by this way :-
1. father in law has said to younger son in law to take loan from husbnad ( elder son in law)and give money to him. father in law transferred the money from his account to the joint account of husband and made confirmed to the husbnad from the said younger brother in law that loan is refunded back depositing in the husbnad account.please note that Joint account is husband and wife
husbnad seemed that the money is deposited that is refund of his money given to the husbnad of his younger sister in law. after some time, father in law insisted to husbnad to extort money threatening to implicate in 498a but husbnad denied to pay any amount. on conspiracy with all, his daughter filed 498a mentioning in FIR that husbnad has harassed to wife demanding dowery from last 10 years and now father in law has paid by transfer of money from his account to safe his daughter's life.
husbnad has evidence that he has paid money to husband of younger sister in law by depositing cash in bank account and recorded voice of younger brother in law that he has paid money in his father in law account and after that, father in law has transferred that money in his account ( husband account) on account of his loan taken from him.
another actual things is that, Father in law is laready paid some money by cheque from the husbnad and father in law is saying verbally that he has refunded that money which was already taken from the husbnad( elder son in law) but he will not say that same things before the court.
husbnad has xerox copy of cheque which was given money through that in father in law. husband is taking stand that his father in law has refunded that money against the money is laready taken by cheque.
Now what to do by the husbnad :-
a. file criminal conpiracy case on his younger son in law that he has intentionally assisted to make evidence to implicate in false case by giving money to his father in law and father in law has transferred that same money to the husbnad account and made confirmation that money is paid by him.
b. file criminal conspiracy case on father in law that he has made false witness of the case whereas that money was paid on account of money was already taken by him from the husbnad of his daughter.
what is best way to take action, kindly suggest. Bail hearing is going on in session court and notice of 125 is not received by the husband.
Devajyoti Barman
(Expert) 12 December 2012
If the false statements as stated above are made on oath and the husband has prima facie proof of its falsity then he can file petition u/s 340 crpc for initiating actions against such perjury.
Raj Kumar Makkad
(Expert) 12 December 2012
There is no question to demand the dowry even after 10 successful years of marriage. No court or a person of prudent mind shall believe that the question of dowry came after 10 years of marriage and therefore the amount was given by way of cheque to safeguard the wife of daughter by her father.
You can successfully prove by way of bank transaction that the amount of cheque is for repayment of loan amount advanced by you and thus the whole story is false and fabricated.
You can very well file a criminal case against trio viz. your wife, father in law and brother in law in the given case by engaging a competent local lawyer dealing in criminal side.
ajay sethi
(Expert) 12 December 2012
agree with experts
Sundram N
(Querist) 13 December 2012
Dear Sir,
kindly suggest what section and what type of case is to be filed for such cheating with me.
kindly suggest.
ajay sethi
(Expert) 13 December 2012
340 CR pC for making false statements on oath
V R SHROFF
(Expert) 13 December 2012
at this stage, the case will not have any ground to punish .
Sundram N
(Querist) 14 December 2012
Dear Shroff Sir,
Sir, i have also lodged a police complaint about the extortion of money as father in law hired anti social person and sent to my house. the such complaint (GD) filed before of filing 498a and 125.
another side, i have communication mail with younger brother in law who has constructed the false evidence about turning of loan amount to the account of father in law and father in law transferred money in my account and now he is saying that money is paid due to continous demand of dowery from last 10 years.
kindly look in to fact and suggest that how to take justification.
ajay sethi
(Expert) 14 December 2012
consult a local lawyer .
Raj Kumar Makkad
(Expert) 14 December 2012
I think the querist is already in consultation with local lawyer but he requires the advice under which section he should file criminal case against the accused persons and you have rightly been replied above.
