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virtualgod (na)     26 June 2013

Counter cases for 498a/504/506/323 3/4 dph

If there is enough evidence with the boy's family to show that FIR is totally false, one way is to quash the FIR under 482 but that generally is a tougher battle to win. Since the wife has given statements in FIR and cannot change that can't some counter cases that she has made false statements and submitted false statements be made against her? Like any one of the following or more than one of the following
Will such counter cases help? Which of the below are criminal IPC. In short can the FIR be used as basis to file counter case against the woman? She is a real b****
IPC 177– Furnishing false information.

IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person

IPC 191– Giving false evidence

IPC 193– Punishment for false evidence

IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.

IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

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

IPC 200– Using as true such declaration knowing it to be false.

IPC 211– False charge of offence made with intent to injure

IPC 361– Kidnapping from lawful guardianship.

IPC 362– Abduction.

IPC 363– Punishment for kidnapping.

IPC 378– Theft

IPC 379– Punishment for theft

IPC 380– Theft in dwelling house, etc

IPC 405– Criminal breach of trust

IPC 406– Punishment for criminal breach of trust

IPC 415– Cheating.

IPC 417– Punishment for cheating.

IPC 499– Defamation.

IPC 500– Punishment for defamation.



Learning

 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 June 2013

Its depend on the version of FIR and proof you have

virtualgod (na)     26 June 2013

@Nadeem Qureshi:

Thanks. Is it good to file counter cases against the girls family at an early stage? I mean use the contents of their FIR, highlight all the lies, and prepare charges based on those. Can this backfire on the boy's family or the boys family should wait until the 498a mess is over? By then it might be too late to hit on the B****

Dev (Test)     27 June 2013

Hi,

My wife is trying to ask money from my side after I filed divorce case against her. She filed 498a in women cell and crpc 125 in family court.  I have proofs against her that she is asking money and she accepts that she took all the jwellary. She theft it and she has all my hard earned money with her. So what can I do against her? I am a poor person. Who is living on rent and has all the responsibilities of his family. I am really very disappointed about what happened to me. I trusted her and give my money and other valuable things. But she steal everything and now she is trying to destroy me. I am already very poor, I was saving money to buy a home but she breaks all my dreams and now she is going to push me in hell of indian legal terrorism. I am only single person in my family who is earning and has all the responsibilities. I am very confused how can I overcome this problem and how can I give her punishment with the help of legal systtem. My marriage is 1 1/2 year old. Can i complain to court about her that she is asking money to give me relief.

What a life, before sometime I was professional and now after marriage I am criminal. What's the hell is this. Guys don't marry......................

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 June 2013

:-) Please have a look at these sections and how and when they can be filed. I am sure you would realize that there is not much ground to file them at early stage or any stage.

 

When your house is on fire, you should not go hunting. Try to douse the fire.

 

Attack is the best defence but then it should be blitzkrieg. First try to butress your own defences and fight the cases on merits.

 

 

Regards,
 

Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Dev (Test)     29 June 2013

Hi Sir, Thanks for giving answer. Sir I don't want to fight with her, I just want to get out of this. I have lots of other responsibilities like :-

1. Sister's Marriage

2. Mother & father's  care.

3. To build my own house.

But now she is asking money. But I have no money to give her, I told her that plz... but she told me to borrow money and give us. She demands 10 lack. But I am not even  in the condition to give her 1 lack. So what to do about it?

My first question is that how much money she can ask if I first filed a divorce case against her. She is such a great liar.

My second question is that how much maintainance she will get per month as she is working as well as more educated then me. how much % she will get from my salary. What is the formula of maintainance?

My third question is that she is demanding money and trying to give me threats. I have proofs in audio recording. So can I take action against her?

My next question is that in this case my mother and sister will be suffer or not , as I heard supreme court orders not to arrest family members.

 

Thanks!

Adv Aneesh Trivedi 9424449500 (Advocate)     29 June 2013

Mr. Dev never give a sinlge rupee as compramise fight the case on merit and then file counter cases you will surely get peace of mind and this is must to teach lesson to such ladies you are worrying for your parents thing if would have traped under her false 498 A so be patient and fight and also give her a good lesson then your win is true win.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 June 2013

If that is the case, meet a good lawyer in your area and see whether a case of extortion is made out.

 

Also, once you are on bail there is no further harassment except going to court on every date.

 

 

Regards,
 

Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Khajapeer (Other)     26 March 2014

Hi Sir,
 
I was going through the few site and found your details in one of the site.
 
I'm also a victim of 498a and the trail is in place in court and next hearing is on 29th April'2014.
 
I have few questions to be asked on this.
 
1. Can i fill charge sheet now on
 
IPC 177– Furnishing false information.
IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 199 - False statement made in declaration which is by law receivable as evidence.
 
Please advice me on this.
 
Thank you

Gautam Kapoor (IT professional Studying Law)     28 March 2014

@Virtual God- as Mr. Shonee Kappor has advised. Whatever sections you have at the top of your head are better to be filed after she takes false oath, not advised at this stage.Not to discourage you .. you will see/learn/understand different facets .. cases being dragged... opposite side not attending courts..unnecessary long dates being taken ... judicary on leave....hartals... holidays... dharnas due to which cases get dragged on an on... collusion etc etc... YOUR FIRST PRIORITY IS TO GET OUT OF THIS CASE FIRST... THINK OF COUNTER OFFENSIVE LATER.

Khajapeer (Other)     29 March 2014

 

Further to details :

My marriage under Muslim law on 12/11/2009 - 
 
1. Case is filed in FIR resistered : July 2012
2. We have received the anticipatry bail & Regular bail accordingly.
3. The court procedings started in the month of Mar'2013.
4. Now I'm the only person [A1] who is attending the court hearing.
5. Honarable court issued the Summons to the Girl & Parents to submit the evidence and start the trail on 19 Feb'2014 And 25 Mar'2014.
6. Next hearing is on 29th April 2014 [so, Girl & their evidence are suppose to produce to court on  this.]
 
Please let me know what is my next step with regards to this.

BHUMIKA NILESH SHUKLA (Junior advocate)     26 September 2017

Hello Experts,          

Bhumika here

I am asking on behalf of my brother.

1)He got married in June 2017.After 15 days when his wife go back to her parents house for first (pag fera),she filed a suit under section 498a,323,504,506(2),114 of ipc and section 3,7 of dowery act.

2)The reason is she got knowledge about the before marriage affair of my brother.As my brother had affair with a girl before marriage and he already helped her financially so many times.She is interested in only his money and he already offered that girl for marriage but at that time she didn't agree for marriage then my brother said to her that if u r not agree then I have to marry with other girl with whom my parents say and their relations was broke up.Family didn't know about all these things.

3)after 2 years of their break up when my brother got married with other girl in our own cast,that girl started blackmailing to my brother that " he has to balance with both in all ways and if he don't do then she tells his wife".my brother didn't agree with that then she directly called his wife(when his wife was at her parent house) and told about their past relationship.

4)when his wife made a simple police complaint,that girl made an affidavit that we have no more relations now and in future in presence of his wife and police.And right now they haven't any relations.

5)but now his wife's parents started demand for 20 lacs cash and living cost for their daughter.And when my brother and my family didn't agree with that,They filed a suit under sections498a,323,504,506(2),114 of ipc and section 3 & 7 of dowery.

My family is still ready to save his married life.

Please help me experts as early as possible 


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