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krishna prasad (xx)     16 October 2011

498a - depoited compromise chq w/o complying to settlement.

Hello Forum,

Need help and suggestions on below context:

Brief details: I’m accused in a false criminal case charged with punishable offences u/s IPC 498a, 313 and DP3. Charge sheet was filed and its current stage is “case sent to trial court for numbering” – charges are yet to be fixed.

FIR with 498a/313 and DP3 – filed on March 2010.

Charge sheet filed in court on Aug 2010.

This 498a girl who filed this false case is highly educated,  M.Tech and works in a reputed MNC earning 70K per month.

I have filed RTI’s to many including Govt hospital.  All gave favorable replies.  CID enquiry also happened in my case and she said a compromise was arrived. This stmt was recorded explicitly in CID final report submitted to DIG and DGP office. CID also filed final report in my favor; since I filed almost 8 RTI’s and all RTI replies nailed her lies completely upside inside.

Compromise was arrived between elders in Feb 2011. As part of compromise I have agreed to settle this matter by giving back her cash of Rs. 2 Lacs + marriage expenses = Rs. 3 Lacs. They wanted this amount as cash – and accepted to take this only after completing all formalities i.e., Quashing of FIR in HC or in Trial Court (whichever is faster) and only after MCD 2nd motion is complete.

This Rs. 2 Lacs shld not be treated as dowry – it is gifted to me by her parents. Pls do not read this stmt as my convenient stmt – I earn about 80K per month, so I would not be greedy for miserly Rs. 2 Lacs dowry. Infact, I have also admitted the same to CID police and gave them this written stmt about this 2 lacs cash. I told DSP – CID that this Rs. 2 Lacs cannot be treated as dowry – since gifting is just a custom in many marriages and it is given voluntarily by bride side. So they cannot conclude this Rs. 2 Lacs as dowry and CID dept agreed to this explanation of mine.

We sometimes tend to have some prejudices, so clearing some misconceptions on some ppl may arrive about difference between dowry and streedhan.

Now as part of Confidence building measures – My father has given them a comfort cheque of Rs.3 Lacs. This cheque contains his signature and it this Chq instrument is from his banker. This Chq is drawn in name of a mediator and not this false 498a woman.

You guys must say this and it’s also a fact – we gave this chq under coercion – this settlement was done under threat of this 498a, misused and abused by this false 498a wife.

Same month, i.e., Feb 2011 itself we both filed MCD in family court and 2nd motion date was given in Aug 2011. I delayed 2nd motion in Aug bcos she did not go to HC for quashing 498a case, also there was very little moment in trial court on 498a when Aug 2011 came, so family judge again gave 2nd motion date in Oct 9th 2011. In Aug 2011, when 2nd motion date approached – Family Judge marked both of as absent and gave adjournment date in Oct 2011 again.

Now here’s the problem and mainly my mistakes:

 There was no compromise deed written between both parties when filing for MCD. It simply contained an affidavit in MCD 1st motion that she has withdrawn all her allegations and settled all her claims. (Exact words as mentioned in both our affidavits).  

This signed MCD affidavit by both of us also does have neither any mention about 498a criminal case nor any police case.

I did not allow writing this in MCD bcos I felt – her past rash actions then, will continue to haunt her future. Next time if she wants to get remarried – the next guy will look at her police case and go back. I thought let her lie to live.

Today, I admit, I was a complete fool thinking this way that she might have regretted her rash actions. Never will a dog’s tail become straight.

This time in Oct 2011 I went ahead and signed MCD 2nd motion, even when the 498a case was not quashed.

MCD 2nd motion affidavits are same as affidavits signed by both us in 2st motion. In fact, as part of procedure of counseling before 2nd motion of MCD, Family Judge asked us reasons for divorcing. I simply stated – Ego, Arrogance and Ignorance are reasons for this disaster recipe and that she also filed false 498a case against me and my family.

MCD decree was passed by judge same day. Judgment order copy is expected in Nov 2011. I do not know if the Judge will put this finding of 498a (though not mentioned in both 1st and 2nd motion MCD affidavits) in the final Judgment copy we get in Nov.

Now, without our knowledge, this wolf 498a girl side has deposited the chq (given by my father to an elder, who was a mediator as comfort chq) in bank on the same day of our MCD, i.e., in Oct 2011.  Apparently this mediator – b*st*rd had joined hands with this false 498a gang and is eager to upsurp this money.

We got a call from the bank manager, the next day when it came for clearance and accordingly we instructed our banker to issue Stop Payment this chq with comments’ – “Commitment not fulfilled”. There was also not that much money lying in bank at that time when this chq hit my father’s bank.

This false 498a presenting this chq in bank without closing the pending 498a case is wrong. But I understand this comes under 138 of NIA, though the circumstances under which this chq got issued are different. Also my father does not have any legal debt or financial liability against this mediator – on whose name this chq was given.

My precise questions:

1)      Can I file a 420 case against this mediator?

2)      This 498a girl is also aware of this 3 Lacs chq – if she was aware why did she not insist on putting this money as settlement in both 1st and 2nd motion MCD affidavits and conveniently avoided it? How to put across this point.

I suspect this 498a girl doesn’t any role in this new chq deposit and it could be the handwork of her selfish father and relatives waiting to feast on her salary. Admittedly, she filed this 498a case upon instigation from her parents and relatives. She was totally ignorant of outcomes of filing a false police compliant.

I do not fear about that 498a case hanging like a Damascus sword on my head. I hope that criminal court will fully appreciate evidences from RTI and CID final report. Also given fact that this 498a girl also gave nod to compromise memo filed in the existing 498a case – stating as defacto complainant  she has compromised this case against all accused and also stated that she had filed for MCD and is pending in family court. 

I wish also to gear to fight this new twist – foreseeing a large plot behind this chq issue. I want to make them kneel down and plead me – not mistaking my kindness to her as weakness.

Appreciate if this forum can advise me on next steps. 

I owe a lot of my fight for justice to this forum and hope the same forum again comes to my rescue.

Albeit today, I deeply regret my “EQ” emotional foolishness while closing this case. I simply wanted to amicable close this case w/o destroying this false 498a girl life - though she damaged my life and my family members, though I am deeply saddned by her irresponsible acts .

Forgive and Forget was my motto.

But today, There must exist no trust when no faith remains.

Thanks a TON forum. This forum is doing an amazing job of creating hope to live and fight for self-respect. We innocent ppl have not pledged our lives and souls in hands of these irresponsible lunatics. We will stand and fight injustice.

Not to forget, Please help me.



Learning

 6 Replies

Roshni B.. (For justice and dignity)     16 October 2011

Dear Mr Vinodh,

 

Though I am not a lawyer and I cannot advise legally,but I would like to share my thoughts here.I can completely understand your situation,because I too have faced the tyranny of my mediator in my marital case.She used to shout and insult me and my parents by calling us unreasonable and greedy when I demanded my own streedhan lying with them.Now how can anyone be called greedy when he's asking for his own things???This was the logic of this rude,arrogant mediator!!

 

In Indian judicial system,it's not that mediators are working very hard for compromise.Some must be very honest,but all may not be.Nowadays they must be also looking to reap benefits by siding with any 1 influential party.So your case further strengthens this notion which I have developed facing my own experience,and now after reading yours.

 

I advise you to simultaneously post this very query in experts section,under criminal law,as that platform is accessed by advocates only.

 

Good luck!

Sanjeev (Lawyer)     16 October 2011

what is the status of Quashing in HC did you file a Quash petition in HC. Dont try to prolong the case it will lead to more complications get the case quashed and pay the compromised amount.

Tajobsindia (Senior Partner )     16 October 2011

@ Author

1. File a appeal in higher forum against he Decree stating tin short pending quash and cheque and seek stay of possible S. 138 NIA suit that her side may have filed as the decree is awarded this month and this step shall be taken immediately instead of waiting much further.


2.
File urgency application in same court where 'quash' is pending stating reason and Judges do understand the foolish situation of affidavit minus 'agreement' the couples have hurridly entered into if plead resonably.


There is nothing called still having a light heart for ex spouse. The moment other spouse leaves 'resonableness boundry line' the larger heart as statements in your brief goes for a toss. Had it not been so your such large piece of well drafted que. would not have seen the light of the day !


3.
A common meadiator in your situation has been tricked that all well from both sides and without re-confirmation from your father he was tricked into giving the cheque. This is most common human nature in such situations of non legal peoples who act like mediator. Hence no point trainign smoking without smoke guns towards him now.


"A metro wife is helpless only until her nail polish is dry" hence remove the larger heart logics as stated in your brief that you wanted to give her "clean books" for her second marriage possibilities hence no agreement / compromise deed jointly executed in MCD. Infact same could have been written in the Affidavit jrespectively and there is no such bar in Law that only a jointly executed Agreement / Compromise Deed need to be filed as exhibit CX and or exhibit PX when couples approach for MCD but if such deeds are filed it brings more cllarity but if not filed then no point now harping and going too academic into it !Today all would-be stags and mares living in metros are aware of some or the other fishy past of the very other would-be and people are smarter to cross check all before committing for the D-day so less said on your larger heart philosophies the better instead follow para 1 and 2 to save 'your court time' and youtful years and forget what she is placed to do in future it is your behind which is on fire for sometime when S. 138 NIA suit hearing developes into a full blown case.  

Hence act immediately to the point.

Rohit Shukla (Engineer)     16 October 2011

@ Vinodh,

Nothing could be more added and in fact for you there is no point in wasting any more time as the solution has perfectly been answered by Tajobs Sir. Briefly "File a appeal in higher forum against he Decree stating tin short pending quash and cheque and seek stay of possible S. 138 NIA suit". Do it at the earliest dude and wait for her action. Go ahead, good luck!

Regards,

Rohit

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     29 October 2011

Originally posted by :Vinodh
"
Same month, i.e., Feb 2011 itself we both filed MCD in family court and 2nd motion date was given in Aug 2011. I delayed 2nd motion in Aug bcos she did not go to HC for quashing 498a case, also there was very little moment in trial court on 498a when Aug 2011 came, so family judge again gave 2nd motion date in Oct 9th 2011. In Aug 2011, when 2nd motion date approached – Family Judge marked both of as absent and gave adjournment date in Oct 2011 again.

 
"

Can a judge do this? Is it a fit case for IPC 219 (The judge could have............ and .......... This critical act could have spoilt the case)?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2011

S. 138 is not tenable in the absence of any liability. It would be hit by S. 139 of NI.

 

Also, you have been a fool to not mention 498-a compromise/ quashing in any of the MCDs. Now it would be your word against her. You would need to sit again and do a fresh compromise for quashing of 498-a, else the case would remain pending till eternity.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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