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divakar   09 February 2015

Convicted for 5 years under dp act 3 and 4

Hi, I am from Andhrapradesh. My wife has filed a case on me and my parents in 2008 under sections 498A,DP Act 3 and 4.  Recently The trail court has convicted me and my parents for 5 years under DP act sec 3 and 4 only but not on 498A. We came out on bail on "bail on appeal" .The case is now with Distict court. After that my village elders consulted my wife's parents to settle the problem with some amount of money.They agreed for their proposal and from my end I am also Ok to settle the problems. I would like to know what is the process of closing these cases since I am already convicted under DP act Sec3 and Sec4. I know 498A in Andhra Pradesh is compoundable but many poeple are not aware of the DP act cases how to close after convicted. Could you please let me know what is the process need to be followed.

Your help is most appreciated. Thanking you.



 25 Replies

CompelledToLearnLaw (Financial Examiner)     10 February 2015

Brother, experts will guide u. So wait for their response. But can u pls let us know what evidence did ur inlaws present against u? If u can share, it will help us all learn. By evidence, I mean both oral and documentary.

Karthikeyan (Manager)     10 February 2015

Hi, Its for me to write my suggestion. Request you share your contact no as private meassage if would like to. Definitely i will guide or help you as much as i posssible @ free of cost.

Karthikeyan (Manager)     10 February 2015

Hi, Its for me to write my suggestion. Request you share your contact no as private meassage if would like to. Definitely i will guide or help you as much as i posssible @ free of cost.

Advocate Ravinder (Advocate/Attorney)     10 February 2015

Both sec. 498a and Sec. 3 and 4 of Dowry Prohibition Act are non compoundable cases.  Hence, it is not possible to compromise the matter in any way.  I have one remedy with me.  Pl contact me 7893011777 or ravinder2345@gmail.com to clarify your doubts. 

CompelledToLearnLaw (Financial Examiner)     11 February 2015

Ravinder ji, non-compoundable offences can be quashed by the high court when a compromise has been reached or even when a compromise has not been reached. It's a fact. There is no confusion in it. The issue here is that the conviction has already happened.

 
Brother Divakar, read the following:
 
“We have found that in certain cases, the High Courts have accepted the compromise between the parties when the matter in appeal was pending before the High Court against the conviction recorded by the trial court . .... ....  ..... In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:.. ... ..... in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court.”

-Supreme Court, March 27, 2014

Reference: https://indiankanoon.org/doc/160278245/

You can still try the quash in the high court by showing compromise. Maybe the HC will accept it.

 

Another possibility is if the witnesses give the statements that they lied under oath or that the documentary evidence they provided was not genuine, or both. But they risk some criminal charges if they do so.

 

Also, to enhance the knowledge of other fighters, pls give something back to this forum: tell us what sort of evidence ur inlaws presented in the court. What oral and documentary evidence did they give? We can prepare ourselves better if u can share this.

divakar   11 February 2015

Hi,

Thanks all for your reply.

I just got some other information form the below link. In this case , there was judgement from the trail court convicted under sec 498A, DP 3 and 4 . After that both the parties ready to compromise and approached High court for quashing all criminal proceedings and the high court has accepted their petition. Looks like for the matrimonial cases it may be possible. Let me try from my end. 

My lawyer is trying to check with the District judge if possible try to close the close in District court itself. If not I need to got to High court.

https://indiankanoon.org/doc/29525354/

 

Yes. I will keep posting my updates in this forum . Thanking you all 

jack (nothing)     11 February 2015

Can you please share conviction evidences provided by in laws so that it will help us? Or PM me?

CompelledToLearnLaw (Financial Examiner)     12 February 2015

Jack, he won't do that. I too tried asking him to share. He doesn't seem to want to help anyone. He's one of those people about whom u say to urself, "this brat probably deserved what he got."

divakar   12 February 2015

Sorry for that..The documents related to my case is at my home town and I am staying in different location.Once I get the documents I will definitely share the complete details.I don't want to confuse everyone just by writing orally with out referring the documents and judgement. 

Thanks for understanding!

CompelledToLearnLaw (Financial Examiner)     12 February 2015

Bro, u were under a criminal trial where u were facing imprisonment of FIVE years and u r saying u do not know what evidence the opponent presented against u? Who r u trying to kid? We don't need the exact details so why do u need the judgment copy for a simple conversation about ur case?

T. Kalaiselvan, Advocate (Advocate)     12 February 2015

I agree to the opinions made by Mr. Compelled to learn law.  The querist need to answer the queries raised or let him take the route already decided and suggested by his lawyer, he is testing the knowledge of the advocates/members here despite having decide what to do next.

Advocate Ravinder (Advocate/Attorney)     12 February 2015

@ Compelled to learn.

I have taken the print out of the citation of Supreme Court  you have given i.e. Narinder Singh & ors Vs. State of Punjab & Another. I appreciate you that your judgement is good and relavant. 

But it is limited in two aspects. No.1 is that the compounding would be allowed  if the chances of conviction are bleak and No.2 is when the case is in infant/initial  stage (when the matter is still under investigation), compounding would be allowed.

Anyway thanks for your reply to the query. 

divakar   14 February 2015

Here are the deposition comments from my wife during trail:

A- Myself,  

A2 - my mother,

A3-My father,

A4-My sister

LW1- My uncle's daughter(my wife),

LW2 - my wife'smother

LW3-Relative of my wife and me(close relative to me but favor to my wife),

LW4- Relative of my wife and me(close relative to me but favor to my wife), 

LW5- Relative of my wife 

At the time of my marriage with A1, My parents presented Rs 15, 00,000/- and 50 sovereigns of gold to A1.After marriage A1 set up family at the house of A3 at Bangalore.   At the time of marriage accused demanded Rs 25 lakhs of cash and 100 sovereigns of gold, but my parents expressed their inability and presented only Rs.15 lakhs and 50 sovereigns of gold.   A2 and A4 used to came to the house of A3 frequently.A1 to A4 used to question me the remaining amount of dowry and 50 sovereigns of gold and harassed me frequently. I informed the same to my parents about the demands made by accused. My parents informed me that prior to marriage they expressed their inability to accused.I stayed with A1 and A3 at Bangalore for a period of 4 months. After 4 months of my marriage, I became pregnant. I was taken to my parents-in-law’s house at home town.My parents-in-law tortured me after I became pregnant demanding me amounts that is remaining amount of Rs 10 lakhs and 50 sovereigns of gold.I used to inform the said facts to my parents over phone.Mediations took place. Accused subjected me to torture in order to make me to leave the matrimonial home and to bring the amounts.I did not leave my matrimonial home though my parents called but stayed at the home of accused. My parents came to my home while I was 7th month pregnant and took me to their home.I delivered female baby.We informed to accused about delivery of female baby, accused did not turn up to me as I gave birth to a female child. Accused did not turn up to see the child up to her age of 5 months. Accused did not even talk to me.Later my parents took me to the home of accused while the child was of 6th month. Accused did not mend their attitude and continued their harassment towards me. A1, A2, A4 send me to the house of A3 at Bangalore from home town. I stayed there for about one month. A3 also started harassment and questioning about the amounts.  Again I was taken to my parents-in-law’s house at A1's home town from the house of A3.Again A1, A2; A4 questioned me to bring the amounts demanded by them at the time of marriage.On 25.7.2010 they necked me and my daughter out of the home by retaining my gold ornaments and all my articles in their home.Accused locked the home and went away where as I and my daughters were there in front of the house of the accused for a period of 7 days.after I presented a report to police, Police called accused without registering FIR. Police made counselling A2 and A4 came to the counselling and asked a period of 7 days’ time to inform. After 7 days A2 and A4 also did not turn up to police station, and then police registered a case against the accused.

 
During the cross from my lawyer, he clearly proved the inability of her financial status of my wife's parents. All the above allegations are orally she told infront of the judge and no paper evidence.Her parents also told the same allegations. All other witness LW3 and LW4 told that they were the elders to setup the marriage and given dowry during the marriage . They clearly told that there is no harrasement from the A1 family. So the judgement from the trail court is 5 years convicted under DP act 3 and 4 and 10 lakhs fine. But no conviction on 498A as all witnesses told that there is no harrasement. There is no single evidence from any one apart form the oral evidence.

But the allegations which they have given in their deposition are  completely wrong as they don't have the financial capability. The same was proved in the DVC case also .The high court also squashed the DVC case on A2 to A4. I am paying the monthly maintenance of 20K to my wife.My wife's mother already files IP for 64 lakhs. All these documents were provided by me as an evidence  to the judge during trail.

Please let me know if you need any more information.

 Thanks to every one for giving your valuable suggestions..

 

1 Like

jack (nothing)     16 February 2015

Hi Divakar,

is there any bank transactions between you and your  in laws?if so can u PM me how that happen?


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