LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manoj Kosi (Teacher)     29 May 2012

Cases i can file on my greedy inlaws in reply to their 498a?

Hi,

I would like to know what cases (fraud, harrasment, false charges, divorce etc.) I can file on my inlaws and the girl in reply to their false complaint (dowry & violence) made to police?

Please note that police is still investigating the matter and FIR is not launched. 

Do I need to wait for police to launch FIR against me OR can I file these cases right away?

I want to teach these greedy elements of society a good lesson!

Please suggest. 



Learning

 7 Replies

Deep Narayan (learning)     29 May 2012

Manoj ji first let the FIR be registered.police may not register the FIR also.

If the FIR get registerd u have to first save urself and then teach lesson to anyone.

for that u have to arrange for the evidence which voids the claims made by ur in-laws.

U can also file divorce suit on grounds of cruelty.this will make her case weak.

u can file compensation from in-laws if u win the case.In this u can teach them lesson.

remember u have to be true to win the case.

if they had files a false case the case will not run long and they will fail.

u also dnt try to file false cases as they need evidence.

Deep Narayan (learning)     29 May 2012

Manoj ji first let the FIR be registered.police may not register the FIR also.

If the FIR get registerd u have to first save urself and then teach lesson to anyone.

for that u have to arrange for the evidence which voids the claims made by ur in-laws.

U can also file divorce suit on grounds of cruelty.this will make her case weak.

u can file compensation from in-laws if u win the case.In this u can teach them lesson.

remember u have to be true to win the case.

if they had files a false case the case will not run long and they will fail.

u also dnt try to file false cases as they need evidence.

manish (cdsdfasd sdf)     29 May 2012

once the case comes to court you can do the below..

1. File tax evasion petition on her family if she is claiming that her parents spent many lacs as marriage expenses or given dowry of x lacs. Whatever money she claim to have spent, should be taxable and that means she hid the income.. so the income tax people will do your work against her family. Most of the girls write that they spent many lacs when they dont even have money to buy a decent pair of clothes.

2. file DP3 on your inlaws if they claim to have given dowry..

Join Save india foundation group and attend their meetings. You get free advice and get to network with people in similar position like you..

TEP format can be got from tajobsindia posts

Manoj Kosi (Teacher)     29 May 2012

Thanks Deep. I am trying to nullify all the points in girl's complaint by showing evidence to police. I feel F.I.R. should not be launched against us, but according to some policemen (and even lawyers), police cannot ignore the girl's statement and if she is saying that we have asked for dowry, then police will file a case against us (no matter if she is telling a lie). I am not sure if this is true as I feel if during investigation police do not find a thing, then the must reject the complaint. But this is INDIA and anything is possible. 

BTW is there any case where I can put a stay on this complaint to avoid police launching the F.I.R.? There must be something to avoid this legal extortion?

Manoj Kosi (Teacher)     29 May 2012

Thanks Manish. The point is why would an innocent person go to court and waste another 3-4 years proving that he and his family are innocent? Why the police cannot reject the complaint based on evidence provided by the boy during investigation? Actually the girl's plan A is to garner huge money from us (if we agree to sort this case outside court), and her plan B is to seek maintenence till the case runs in court. INDIAN girls have become more shameless than western girls. Shame on such parents that are making fun of their daughters in police stations and courts. The politicians are passing time in parliament and some are wasting time and money on celebrating KKR victory (as if they have won the World cup). INDIA has become a cheap country courtesy our cheap politicians and shameless parents of shameless girls. JAI HIND.

manish (cdsdfasd sdf)     29 May 2012

498a cannot be usually filed without going through crime against women's cell. if CAW gives notice to you to appear in front of them, use the notice to get anticipatory bails for everyone in family who is accused by the abla naari..

she casn also file cases under 406 wherein she can say taht she wants her stridhan back. 99% cases she already took her stridhan back but she wants to somehow get hands on free stuff like the husbands TV, fridge, his dogs, cats etc.. so she tries 406. Be careful of 406

she can also file domestic violence(dv).. all of them comes in a package as she is an abla naari and whaetevr she says is the gospel truth. best of luck - be strong.. you will be punished because u r born in india and also born a male..


(Guest)

Counter Charge – 498a

Offence (legally) is the best form of defense. If you had waited for 11 years to get acquitted from

498a case which is so obviously false and blatantly misused, I am sure many of us will take more

than that, since some cases are well thought-off(by Advocatus Diaboli- Advocates of the Devil!) and

evidences and foolishness on the part of the complainants are fewer and less obvious or provable,

like as in your case.

My strategy to put pressure(and of course poison their mind, and give them a taste of their own

medicine) was to file counter cases even before my 498a case "charges are framed" by the Public

prosecutor of the Magistrate court(I did wait until the police submitted the chargesheet to the

court).

The 4 different cases which I have filed until now, as per the Indian Penal Code Sections mentioned

below:(the courts may not move on these cases and send summons at all, but the mental stress it

will be created in the minds of the complainants is unfathomable- the anticipation of imprisonment

upto 7 years!(more than what 498a would ever fetch u, which is just 4 years, you could plan to take

a Ph.D in that jail period ;) is more stressful than actual conviction to any degree!. Try it and see the

noose loosen around you, you can then decide whether u want to hit the gas pedal further, or quit

leaving the vermin wriggling in their death throes(But Dont ever quit giving them the Hell they

deserve- is my personal request, but situations may require it sometime).

Almost all the advocates will initially say that no counter case is possible, since the matter is under

the consideration of a court(As they all advised! us, but we did file the cases after all), but the point

here is that u are not trying to disprove the whole case of 498a, you are only citing specific portions ,

for which you have evidence and can prove as false- you are deconstructing the whole case into

portions which you can 'Kill' with counter cases). Its nothing but a Ruthless mind game, the same

game they thought you will succumb to, only now u have decided to Turn Tables!, enjoy your raids

and sorties fully... Get Even, if you cant get Justice!

This has 2 logical benefits, 1) You can put the other party in deep distress, which itself is a victory 2)

You can start proving the protions as false and can use that proceedings to support you main case

of 498a!.

IN ANY CASE I WOULD BE GRATEFUL IF YOU GUYS, WHO ARE TRYING WITH SUITABLE COUNTER

CASES, CAN KEEP ME POSTED ON THE PROGRESS ON YOUR COUNTER CASES. WE CAN TRY CROSS

REFERRING OUR CASES TO THE RESPECTIVE COURTS FOR MAXIMUM MUTUAL BENEFIT(SINCE SOME

COURTS MAY BE MORE RECEPTIVE FOR COUNTER CASES THAN OTHERS, AND THE JUDGEMENTS OF

THESE COURTS WILL EASE THE RESISTANCE IN THE COURTS WHICH ARE NOT SO RECEPTIVE- LET

SYNERGY PREVAIL AND KILL THE ENEMY/EVIL)

1St Case @@@@@@@@@@@@@@@@@@@@@@@@@@@

Case on sections 192, 193, 196 and 209 of I.P.C:ie. 192. Fabricating false evidence, 193. Punishment

for false evidence, 196. Using evidence known to be false, 209. Dishonestly making false claim in

Court

@@@@@@@@@@@@@@@@@@@@@@@@@@@

2nd Case @@@@@@@@@@@@@@@@@@@@@@@@@@@

1 of 8

www.498a.org

Case u/s 211 of I.P.C.: 211. False charge of offence made with intent to injure

@@@@@@@@@@@@@@@@@@@@@@@@@@@

3rd Case @@@@@@@@@@@@@@@@@@@@@@@@@@@

Separate case : Charging 120 B of I.P.C.,463, 464, 465, 466, 468, 469, 471 r/w 34 of I.P.C. : 120B.

Punishment of criminal conspiracy, 463. Forgery, 464. Making a false document, 463. Forgery, 464.

Making a false document, 465. Punishment for forgery, 466. Forgery of record of court or of public

register, etc, 468. Forgery for purpose of cheating, 469. Forgery for purpose of harming reputation,

471. Using as genuine a forged document

@@@@@@@@@@@@@@@@@@@@@@@@@@@

4th Case @@@@@@@@@@@@@@@@@@@@@@@@@@@

Case under section 340 Cr.P.C: Wrongful confinement

@@@@@@@@@@@@@@@@@@@@@@@@@@@

*********** Explanation of the above IPC Sections********

@@@@@@@@@@@@@@@@@@@@@@@@@@@

Case on sections 192, 193, 196 and 209 of I.P.C:ie. 192. Fabricating false evidence, 193. Punishment

for false evidence, 196. Using evidence known to be false, 209. Dishonestly making false claim in

Court

@@@@@@@@@@@@@@@@@@@@@@@@@@@

192. Fabricating false evidence

Whoever causes any circumstance to exist or makes any false entry in any book or record, or

makes any document containing a false statement, intending that such circumstance, false entry or

false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law

before a public servant as such, or before an arbitrator, and that such circumstance, false entry or

false statement, so appearing in evidence, may cause any person who in such proceeding is to form

an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the

result of such proceeding, is said "to fabricate false evidence".

Illustrations

(a) A, puts jewels into a box belonging to Z, with the intention that they may be found in that box,

and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in

a Court of Justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in

imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal

conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to

search. A has fabricated false evidence.

193. Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false

evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with

imprisonment of either descripttion for a term which may extend to seven years, and shall also be

liable to fine,

2 of 8

www.498a.org

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished

with imprisonment of either descripttion for a term which may extend to three years, and shall also

be liable to fine.

Explanation 1- A trial before a Court-martial; 101[***] is a judicial proceeding.

Explanation 2- An investigation directed by law preliminary to a proceeding before a Court of

Justice, is a stage of a judicial proceeding, though that investigation may not take place before a

Court of Justice.

Illustration

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be

committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a state

of a judicial proceeding, A has given false evidence.

Explanation 3- An investigation directed by a Court of Justice according to law, and conducted

under the authority of a Court of Justice, is a state of a judicial proceeding, though that

investigation may not take place before a Court of Justice.

Illustration

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the

boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a

stage of a judicial proceeding. A has given false evidence.

195. Giving or fabricating false evidence with intent to procure conviction of offence punishable

with imprisonment for life or imprisonment

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely

that he will thereby cause, any person to be convicted of an offence which 102[by the law for the

time being in force in 103[India]] is not capital, but punishable with 104[imprisonment for life], or

imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that

offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a

dacoity. The punishment of dacoity is 104[imprisonment for life], or rigorous imprisonment for a

term which may extend to ten years, with or without fine. A, therefore, is liable to

105[imprisonment for life] or imprisonment, with or without fine.

196. Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he

knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated

false evidence.

197. Issuing or signing false certificate

3 of 8

www.498a.org

Whoever issues or signs any certificate required by law to be given or signed, or relating to any

fact of which such certificate is by law admissible in evidence, knowing or believing that such

certificate is false in any material point, shall be punished in the same manner as if he gave false

evidence.

198. Using as true a certificate known to be false

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the

same to be false in any material point, shall be punished in the same manner as if he gave false

evidence.

199. False statement made in declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or

any public servant or other person, is bound or authorised by law to receive as evidence of any fact,

makes any statement which is false, and which he either knows or believes to be false or does not

believe to be true, touching any point material to the object for which the declaration is made or

used, shall be punished in the same manner as if he gave false evidence.

209. Dishonestly making false claim in Court

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a

Court of Justice any claim which he knows to be false, shall be punished with imprisonment of

either descripttion for a term which may extend to two years, and shall also be liable to fine.

@@@@@@@@@@@@@@@@@@@@@@@@@@@

Case u/s 211 of I.P.C.: 211. False charge of offence made with intent to injure

@@@@@@@@@@@@@@@@@@@@@@@@@@@

211. False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal

proceeding against that person, or falsely charges any person with having committed an offence,

knowing that there is no just or lawful ground for such proceeding or charge against that person,

shall be punished with imprisonment of either descripttion for a term which may extend to two

years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death,

104[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with

imprisonment of either descripttion for a term which may extend to seven years, and shall also be

liable to fine.

@@@@@@@@@@@@@@@@@@@@@@@@@@@

Separate case : Charging 120 B of I.P.C.,463, 464, 465, 466, 468, 469, 471 r/w 34 of I.P.C. : 120B.

Punishment of criminal conspiracy, 463. Forgery, 464. Making a false document, 463. Forgery, 464.

Making a false document, 465. Punishment for forgery, 466. Forgery of record of court or of public

register, etc, 468. Forgery for purpose of cheating, 469. Forgery for purpose of harming reputation,

471. Using as genuine a forged document

@@@@@@@@@@@@@@@@@@@@@@@@@@@

120A. Definition of criminal conspiracy

When two or more persons agree to do, or cause to be done,-

4 of 8

www.498a.org

(1) an illegal act, or

(2) an act which is not illegal by illegal means, such an agreement is designated a criminal

conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a

criminal conspiracy unless some act besides the agreement is done by one or more parties to such

agreement in pursuance thereof.

Explanation- It is immaterial whether the illegal act is the ultimate object of such agreement, or

is merely incidental to that object.]

32[120B. Punishment of criminal conspiracy

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,

51[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where

no express provision is made in this Code for the punishment of such a conspiracy, be punished in

the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an

offence punishable as aforesaid shall be punished with imprisonment of either descripttion for a

term not exceeding six months, or with fine or with both.]

463. Forgery

Whoever makes any false documents or part of a document with intent to cause damage or injury,

to the public or to any person, or to support any claim or title, or to cause any person to part with

property, or to enter into any express or implied contract, or with intent to commit fraud or that

fraud may be committed, commits forgery.

464. Making a false document

A person is said to make a false document-

First- Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a

document, or makes any mark denoting the execution of a document, with the intention of causing

it to be believed that such document or part of a document was made, signed, sealed or executed

by or by the authority of a person by whom or by whose authority he knows that it was not made,

signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or

executed; or

Secondly- Who, without lawful authority, dishonestly or fraudulently, by cancellation or

otherwise, alters a document in any material part thereof, after it has been made or executed either

by himself or by any other person, whether such person be living or dead at the time of such

alteration; or

Thirdly- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a

document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or

that by reason of deception practiced upon him, he does not know the contents of the document or

the nature of the alteration.

Illustrations

5 of 8

www.498a.org

(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to defraud B, adds a

cipher to the 10,000, and makes the sum 1,00,000 intending that it may be delivered by B that Z so

wrote the letter. A has committed forgery.

(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an

estate from Z to A, with the intention to selling the estate to B, and thereby of obtaining from B the

purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker-signed by B, payable to bearer, but without any sum having.

been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand

rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum

payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand

rupees for the purpose of making certain payment. B fraudulently fills up the cheque by inserting

the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to

discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as

A draws the bill with intent to deceive the banker by leading him to suppose that he had the

security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z's will contains the these words-"I direct that all my remaining property be equally divided

between A, B and C" A dishonestly scratches out B's name, intending that it may be believed that

the whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on

the bill the words "Pay to Z or his order" and signing the endorsement. B dishonestly erases the

words "Pay to Z or his order", and thereby converts the special endorsement into a blank

endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a

conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z,

intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has

committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named

by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z

to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of

good character and in distressed circumstances from unforeseen misfortune, intending by means of

such letter to obtain alms from Z and other persons. Here, as A made a false document in order to

induce Z to part with property. A has committed forgery.

(k) A without B's authority writes a letter and signs it in B's name certifying to A's character,

intending thereby to obtain employment under Z. A has committed forgery in as much as he

intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or

implied contract for service.

6 of 8

www.498a.org

Explanation 1- A man's signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was

drawn by another person of the same name. A has committed forgery.

(b) A writes the word "accepted" on a piece of paper and signs it with Z's name, in order that B

may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as

though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill

upon the paper pursuant to A's intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same name. A

endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the

person whose order it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the

estate, in collusion with Z, executes a lease of the estate of Z at a nominal rent and for a long period

and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be

believed that the lease was granted before the seizure. B, though he executes the lease in his own

name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent

to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note

binding himself to pay to B a sum for value received, and antedates the note, intending that it may

be believed to have been made before. A was on the point of insolvency. A has committed forgery

under the first head of the definition.

Explanation 2- The making of a false document in the name of a fictitious person, intending it to

be believed that the document was made by a real person, or in the name of a deceased person,

intending it to be believed that the document was made by the person in his lifetime, may amount

to forgery.

Illustration

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name

of such fictitious person with intent to negotiate it. A commits forgery.

465. Punishment for forgery

Whoever commits forgery shall be punished with imprisonment of either descripttion for a term

which may extend to two years, or with fine, or with both.

466. Forgery of record of court or of public register, etc

Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a

register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a

certificate or document purporting to be made by a public servant in his official capacity, or an

authority to institute or defend a suit, or to take any proceedings therein, or to confess judgement,

or a power of attorney, shall be punished with imprisonment of either descripttion for a term which

may extend to seven years, and shall also be liable to fine.

7 of 8

www.498a.org

468. Forgery for purpose of cheating

Whoever commits forgery, intending that the document forged shall be used for the purpose of

cheating, shall be punished with imprisonment of either descripttion for a term which may extend to

seven years, and shall also be liable to fine.

469. Forgery for purpose of harming reputation

Whoever commits forgery, intending that the document forged shall harm the reputation of any

party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment

of either descripttion for a term which may extend to three years, and shall also be liable to fine.

470. Forged document

A false document made wholly or in part by forgery is designated "a forged document".

471. Using as genuine a forged document

Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason

to believe to be a forged document, shall be punished in the same manner as if he had forged such

document.

@@@@@@@@@@@@@@@@@@@@@@@@@@@

Case under section 340 Cr.P.C: Wrongful confinement

@@@@@@@@@@@@@@@@@@@@@@@@@@@

340. Wrongful confinement

Whoever wrongfully restrains any person in such a manner as to prevent that person from

proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in

any direction beyond the circumscribing line of wall. A wrongfully confines Z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z

attempts to leave the building. A wrongfully confines Z.

Happy fighting!, Give to them, right back...........


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register