How to treat false 306 and 498a
Tushar
(Querist) 13 June 2014
This query is : Resolved
Dear Sir;
If someone put false 306 and 498a on us and if police declared that it was false complaint what action we can take on opponent as he threaten again and again for false complaint.
Pls guide
Devajyoti Barman
(Expert) 13 June 2014
How did police say it false?
Has it submitted Final Report?
Even if it has done so, it does not close the case as long as the de facto complainant files protest petition and the court accepts it.
V R SHROFF
(Expert) 13 June 2014
Inform in writing to Police that she is threatening us filing false cases of 498a etc, so must not arrest us without due Investigation.
Tushar
(Querist) 13 June 2014
Dear sir
Police submitted B final report to session court.my wife never threatened us ; she is innocent but feel bad due to her own father and sister.
Devajyoti Barman
(Expert) 13 June 2014
Then talk to her in private and patch up with her.
Dr J C Vashista
(Expert) 14 June 2014
@Tushar check whether the case has been registered under section 306 or 406 IPC?
Settle the matter with your wife, however, it is the power of court to decide whether the case was false or correct.
Rajendra K Goyal
(Expert) 14 June 2014
If she want to cooperate, try to save marriage. If any threat is received, try to record it and inform police.
Tushar
(Querist) 14 June 2014
Thanks for openion
Tushar
(Querist) 14 June 2014
I want to share my case in detail
ajay sethi
(Expert) 14 June 2014
you should contact a local lawyer . have indepth consultation with lawyer.
malipeddi jaggarao
(Expert) 14 June 2014
Have a private talk with your wife and settle the matter as she is co-operative. Elders interference may also yield good result.
Tushar
(Querist) 14 June 2014
Dear Sir;
Thanks for advice to you all. Recently I logged in this site and heard that use minimum words to express for easy understanding; hence write in short which creates confusion in present situations; sorry for that and herewith giving you detail for proper guidance.
Married in 2005; everything is going write with us; we are (me; wife and son) extremely happy in all respect. My wife is caring; sincere and hardworking with emotional nature.
In 2012 my wife done suicide (Hanging); at that I am on duty; Before me police got information from neighbor and they come and done site panchnama as per their procedure. They found suicide note that “No one is responsible for my death; don’t want to live further”. Immediately i shifted to her in hospitals with van and declare dead by doctors.
On the same day my father in law and his relatives come to hospital and attack on me that they feel I am responsible for the incident. On the day of her funeral they made lots of drama; Most of the peoples from their side are drunked; they used abuse words; attack on our family. In whole life we never came to across such type of situation.
Number of time they called us to police station; Police ready to registered FIR; but they given in writing in front of police that we are not having any complaint we just want to secure my son life by transferring gold; half property; ½ Bank balance and other related. They also keep condition that Guardian for property from their (Father in Law) side. We transferred ½ property by registry; gold and policy in favour of my son name. It require period of 4&1/2 months to complete this ; during in between they threaten for logging FIR. After that they are demanding 10 Lacs from us which we refused. We are having video shooting of threatening and gold demand.
After 4&1/2 months my father in law raise writ in high court that police is not registering FIR; So police has to registered FIR IPC 306 & 498a 323 504 506 438(me ;parents; sisters ; jijus and uncle anti) in pressure and mentioned delay due to mental and physical condition is not good of My father in Law. We take anticipatory bail of of all members’ except me. In investigation police come to know that all peoples are innocent (my self and relatives) and they found that there is no trouble; any demand of money from our side. They also realized that all points mentioned in FIR are false and they collect evidence for that. If everything is ok then why my wife done suicide they come to know that my wife is not happy and feel extremely guilty because of her own father and sister. She feels bad for that and mentioned in her daily written diary which was later verified by handwritten expert. On the basis of her daily written Diary and false FIR police submitted “B” summery report not charge sheet to session court that complaint registered is false and reason in uneven demand from father in law of me. We are waiting for final comments from court. I have few questions;
1) What will be action plan of court
2) How to teach lesson to theses peoples who are raising false complaint and misuse the law.
3) My fathers always consider my wife as one of his own child; he will never die in satisfaction as the incident we faced. It was a loss of social; economical and mental tension.
4) I am not able to attain my wife’s funeral due to situation created by my father in law; how I forgot it. I want justice not only for my family but for my wife also who did this due to her own father and sister.
5) Not a single word I write false in it; if we did any wrong god will punish us but I need justice.
All the case explained is on evidence base and real facts require your guidance.
Tushar
(Querist) 14 June 2014
Pls reply I want justice and wants to teach lesson who are spoiling number of lifes for their own purposes.
Devajyoti Barman
(Expert) 14 June 2014
You can file civil suit for damages out of this malicious prosecution
If the same things re still continuing you can file criminal defamation case as well.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
You wait for the final verdict of the criminal case by the court and then decide about further legal action against them.
Raj Kumar Makkad
(Expert) 17 June 2014
Unless the case is pending, you can do nothing.
