(Querist) 31 July 2018
This query is : Resolved
I am a resident of Tamilnadu along with my wife since marriage. Last year July my brother-in-law wife committed suicide by consuming poison for unknown reasons. She did neither left any suicide note/ message nor she gave any death sentence/ statement during treatment before her death. She is survived with a 5 month baby at the time of the incident. Place of Incident was my in-laws home which is in different state. When the incident has happened my wife is with me in Tamilnadu. When we got the news about the unfortunate incident we rushed to the place by flight. Family members of the decreased girl has filed a dowry death case against my Brother-in-law their parents and also my wife, as my wife stayed in my in-laws house for examination purpose one month before the incident. My wife immediately left my in-laws place after the exam and was with me when the unfortunate incident happened. My wife along with my brother-in-law and their parents were remanded and my wife as A4. We could able to secure bail for all of them.
The decreased girl is very much dear to my wife and it was very shocking to us why she took this extreme step. It took a lot of time for my wife to get out of the shock. Is there any procedure to remove my wife's name from the case or can we file a case on the family member who has falsely included my wife's name in their complaint. Till now charge sheet has not been filed and the case has not come for hearing. My wife is suffering with this case. Please guide us what can be done to get rid of this case. I have proofs of my wife travel tickets after the exam and flight tickets along with boarding pass. Selfies and other family photos during my wife's stay in my in-laws house happy with the decreased. Please help us.
Vijay Raj Mahajan
(Expert) 31 July 2018
The Charge sheet has not be finalised by the Police hence not filled in the court. Approach the IO of the case with documents you got to hold your wife not involved in any manner in the unfortunate incidence. If the IO is satisfied he may request his superior removal of your wife's name as one of the accused in the final report/ Charge sheet.
If the IO or his superior not satisfied by your pleadings, move the High Court under section 482 Criminal Procedure Code for quashing name of your wife from the case for the reasons of her no involvement in the incidence.
If still the High Court doesn't quash the criminal proceedings against your wife, your wife has to face regular criminal proceedings and at the time of charge stage or there after in the trail court plead her innocence and seek discharge order.
(Querist) 01 August 2018
Thank you very much sir.