harassed by 498a (Engineer) 12 December 2014

498a discharge petition crpc 239

Hi All,

Below are the sequence of events (Marriage not consummated till date)

marriage august 2010, i left to US in oct 23 2010 and returned in dec 21 2010 and I filed RCR in Apr 2011 in Hyderabad which was transferred to Bhimavaram in Sep 2011 and 498a filed in Nov 2011 and the only allegation in 498a is that I took 15 lacks dowry and necked her out for 15 lacks more dowry on 2nd Oct 2010. There was no dowry involved and is an intercast arranged marriage.

Received summons in 2014 Oct and filed discharge under 239 crpc in Nov 2014 with all the proofs where we were from 2nd oct 2010 to 23rd oct 2010, after i left to US she denied returning saying i should stay with their parents.

They denied all 20 proofs that we submitted in which one statement that they denied is their own as they mentioned in RCR transfer petition in high court that she along with her family came to send off to US on Oct 23rd which is contradicting that we all necked her out on 2nd Oct 2010. Also she mentioned in High court that i wanted her to stay in matrimonial home and not with her parents as I was suspecting that she had some affair for which she stayed in Hyderabad in her uncles house in nov 2010 and secured a temporary job in her uncles office.

Also the IO mentioned that the husband looked after her well for few months which is contradicting to her statement in FIR that I necked her out on 2nd Oct 2010, within 31 days.

Also i celebrated her birthday on 7th Oct 2010 and have the photographs and on 2nd Oct 2010 i stayed in here uncles house where they presented a book with date and sign which they say will be proved in trial.

Her father is a manager in Andhra bank is there any way we can file tax evasion petition. What is the evidence police had to arrest us and I was put in lock up for 3 days and in jail for 2 days and arrested my mom, dad (who fought in army in 3 wars in kashmir) and my Sister along with her 3 weeks old daughter.

Is there any chance for us to get discharged. it is getting very difficult for my 74 years old father, 64 years mother and my sister with 2 kids to travel 450 km for every date and i am fighting for justice.

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2 Replies

srinivasan.r. (Lawyer, 9444000813) 13 December 2014

Some times it turns out to be bitter experience when we make wrong choice. Let us hope for the best. In your case the trial court can take a call easily as the evidence are good enough to discharge you people, from the charges mentioned, but the sessions court some times think the other way,but after recent supreme court ruling with regards to 498 A cases, things have started cooling down a bit. So i think it should be sufficient for a discharge failing which u will good result in high court.

Rajkiran123 (Manager) 13 December 2014

Since your father in law is working in a bank, taking and giving dowry falls under the purview of violation of conduct rules. Get a copy from the bank about the conduct rules through RTI and complain to the concern authority with copy of charge sheet if your FIL has accepted giving dowry. Bank authorities will surely question him and if he says that he has given dowry, he will subject to disciplinary action and if he says he hasn't given any dowry, it may help you in fighting the case...