Manoj Choudhary
13 April 2018 at 16:01
A boy left with a girl and got married but in the meantime police arrested younger brother of boy to make pressure on the family to bring the girl back.
The boy left the girl nearby the village and ran away.
Police then registered an FIR under section of Rape and Kidnapping against the boy who married the girl and the younger brother who was kept by the police.
Main accused did not surrender before police and court and went on PO proceedings.
The younger brother got acquitted as prosecution failed to prove the case of rape against the younger brother. (Documents of marriage produced before the court.)
Now what left against the Main person who took the girl and had relationship with her.
Kindly suggest your valuable views. The person is with me who is under PO proceedings.
Thanks
Manoj Chaudhary
Advocate
Manoj Choudhary
18 August 2017 at 15:50
In Nutshell:
A wife left home and gave a complaint to police against husband and his family.
Mediation proceeded but during mediation, she approached ilaqa magistrate under 156(3) but with different allegation and resultant FIR got registered. (The complaint given to police was still in mediation cell)
Husband got bail and other family members excluded from FIR by DSP( Charge-sheet filed against husband only)
Now what to do?
1. Contradiction of allegations in complaint to police and complaint to magistrate
2. Prior to complaint the wife has given a statement before police against her own mother regarding interference in
her married life
3. Police has not included the complaint given during investigation.
4. The status of the complaint given to police is still not known to the husband(though FIR has to be registered
normally)
Please suggest (I have filed and application under 156(3) for fair investigation to ilaqa magistrate but the same dismissed being premature)
Anonymous
07 June 2016 at 16:51
Sir,
I am receiving calls since last 1 month from unknown numbers on my mobile number After receiving calls the person from other side not
talking and hanging up the phone and those who talk ask to talk to
Rakhi(my wife). After inquiring to a person he disclosed that he got
my number from a website like omegle and chatroulette and and chatrandom. com then hangup the call.
kindly confirm the sections of IPC IT act 2000 to approach under 156(3) to and register FIR as police only taken complaint and not taking any action against the person who is doing this ridiculous act.
nemo
02 March 2016 at 22:42
i have cleared IBPS SO exam, having interview on 15th march and the problem is that i had a police case against me under section 306 IPC and now after completion of trial, acquitted of the charges.
there was a question in the application form
Whether any prosecution/ detention/ fine/conviction/ sentence against you has been awarded by any court of law for any offence ? yes / no
i selected 'no'.
1. was i needed to mention 'yes' in application form ?
2. do i need to get an affidavit for this or is it fine ?
3. can it affect my interview badly ?
4. what should i do now ?
P.S.
i dont want to disclose this fact or else interview session will be affected.
Manoj Choudhary
20 February 2016 at 12:55
My client is in possession of a shop sicne last 40 years from the time of his father. The owner of the land died and his children never claimed in the shop ever till now. Electricity meter and house tax is being paid by my client. But the name on the tax receipt include the name of the owner alongwith my clients name. My client want to register the property in his name. Can it be done? Property is of faridabad, haryana. Shop
sanjay
19 January 2016 at 01:07
I mother in law(widow) aged 64 is a retd. teacher in Goa. She lost her son last year.
Her son owned a factory and few properties in Goa. Does she have any right in her sons properties.
raj
01 December 2013 at 12:09
Dear Sir/Madam,
My brother's wife has got registered FIR u/s 406, 498A after 13 years of marriage with two kids. Fir has been registered,but Chargesheet has not yet been prepared. She has also filed Divorce Case on same grounds of cruelty which is also pending.
We are planning for a mutual divorce agreement under which both children will be maintained by wife but she will not claim any maintenance or permanent alimony for her and children.Further, after getting divorce, we wish to go to Delhi High Court for quashing of FIR. I have come to know that there are many cases under which, the high court has, on its motion, ordered deposit of money by husband for the wife and children and made it a condition for quashing of FIR inspite of the fact that divorce agreement/decree does not contain any such demand by wife. Further,we have no faith on my brother's wife, it can also happen that in the high court she may claim that she was pressurised to sign the mutual divorce agreement by her counsel or she was not aware that she will not get any money from her husband. In that case, is it possible that the judge of high court may, suo moto, ask the husband to first deposit lumpsum money for the children and then he will quash the FIR?
I also wish to know whether before grant of divorce by lower court, my brother's wife can go to high court to get the FIR quashed by claiming that she had framed false allegations against the husband and his family in a state of angor and without any evidence. Will the high court quash FIR when the complainant herself approaches the high court for quashing of FIR?
Kindly advise on the subject asap.
Thanks in advance.
somesh kumar
28 May 2012 at 14:40
Dear sir,
what will be the status of 498a, domestice voilance case and 125 after husband expired.
jasvinder
23 April 2012 at 12:16
sir my brother married in year 2007 and in 2009 after family partition took his money and invested in his inlaw business.they had 4 yr boy.on 2011 my brother came back to his hometown with his inlaws permission but now they r neither sending girl nor returning money and nor allowwing to meet his son.now in 2012 she filed case of divorce on desertion ground saying that boy had left in oct 2009.we had filed section 9 case in year 2011 to call girl before there case.we had enough proof both document and video that girl and my brother was together till april 2011.sir can we write to dgp and ssp with proof that girl had filed false case as they r threating us with dowry case.can we approach first to womaen cell and can boy cant file 498 against girl.sir advice how to proceed.we also want to take custodody of child on ground that girl father have no son and he want to adopt my brother son and we cant leave to stay our son with such person who r fraud as they filed false case.will our section 9 case help us as they filed divorce case in our counter case.please advice.case is of up
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