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suresh (MD)     14 September 2014

False 304(b) & sc/st act

Sir, I did love marriage without my family acceptance, but from my wife side they have accepted and asked me to do all marriage expenses and i have spent money for marriage and bought house hold things and i never got a single penny from my wife parents. My family not speaking to me as well as to my wife family also. After 5 months of marriage one guy came to me and said that himself and my wife having affair, i didnt believe it and i have checked my wife mobile bill, it showed after myself went to office my wife speak to him for several hours daily and also that affair person proved many things and threatened me that he will kill me and asked me to move out from my wife. I have informed to my wife parents, they went to that persons house and shouted but no use after that also my wife and that person had conversations, i couldnt bear that and i left my home without saying anything to my wife and I have decided to quite her so i have informed about this to my parents and filed a divorce case on july 14th 2014, we have informed to my wife parents and on july 15th 2014 my wife hanged and committed suicide in my home (i never been there for 10 days). My wife didnt wrote any letter and all. Her parents registered complaint on myself and my parents in 304(b) & SC/ST act (my wife belongs to SC caste). On 12th July 2014 my wife complained to the local police station that myself missing and we are living happily only and no problem between us, that i have kidnapped like that (man missing). I have remanded jail for 1 month and now myself and my parents got bail. I have call recordings between my wife and that affair person, mobile bills and there is no evidence that we have asked for dowry and all though its fake. All house hold things bills are in my name and still am paying due for them. In Police station and lawyers saying dont worry about this case, its completely false one,this case wont stand. But am afraid.Please help. Shall i approach Quaush in High Court?


Learning

 9 Replies

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

Sub-section (1) of Section 304B of IPC is reproduced as under:

 

304-B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

 

Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).”

 

In the case of Sunil Bajaj v. State of M.P., (2001) 9 SCC 417, at page 420, Supreme Court has held that the essential ingredients of the offence under Section 304B IPC are as under:

 

5. … In order to convict an accused for an offence under Section 304-B IPC, the following essentials must be satisfied:

(1) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances;

(2) such death must have occurred within 7 years of her marriage;

(3) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relatives of her husband;

(4) such cruelty or harassment must be for or in connection with demand of dowry.”

 

Therefore, unless all the aforesaid ingredients are satisfied, it is not possible to convict a person under Section 304-B of IPC. Moreover, also remember that the definition of “dowry” has some further strict ingredients that must be satisfied to bring the offence within the mischief of Section 304-B IPC.

 

From the brief facts narrated by you, it appears that Section 304B IPC may not be attracted in your case; however, one has also to see what is the prosecution version before giving any firm opinion. You’ll also have to face the fact that normally courts have pro-women tilt.

 

 

Engage some good advocate who should concentrate on showing that the above ingredients are not fulfilled in your case. You can try for quashing of the case, but you should do so with the full knowledge that generally the courts are not willing to quash the cases at such preliminary stage. If you have no problems of money, you may try your luck since even if you lose in getting the case quashed you do not lose anything except some professional fee.

suresh (MD)     14 September 2014

Thanks for your reply sir, as you mentioned the 2nd point *Marriage within 7 years, so its affect my case i think? Also SC/ST act also passed, will it affects my case,no such evidence for this also, my wife father just given orally that we have shouted them by using their caste like that. Pls suggest how this case looks? Will it affect me and my family? Pls do reply sir

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

“Marriage within 7 years”, is just one of the ingredients. But, there are other necessary ingredients. Even if one ingredient is not satisfied, the offence will not be said to be completed.

 

 

The fact that you had married the same lady who belonged to the SC community, may perhaps go in your favour in respect of the charge under SC/ST Act, i.e., the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. If you had the intention to insult her or her family members in the name of the caste, you would not have married her perhaps. Offence under Section 3(1)(x) of the said SC/ST Act requires “intention” as an ingredient, which may perhaps be missing in your case.

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

Sorry. Duplicate reply sent. Hence, deleted.

suresh (MD)     14 September 2014

Thanks a lot for your reply sir & your reply gives me more strength and confidence to face this case. Sir pls reply for this alone, if i approach quash for this case in High court means max how much expenses will take? Pls do reply for this alone sir.

 

Thanks,

Suresh

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

You will have to ask the advocate whom you are going to engage about the professional fee that he would be charging. Since every advocate would be charging his own fee, I cannot make a comment about this. Please contact the advocate concerned for this purpose.

suresh (MD)     14 September 2014

Thanks a lot for answering all my queries patiently sir. Thanks, Suresh

sanjeev soni (pharmacist)     14 September 2014

sir

 some people / office cooliauge register a false complaint in my name under 3(1)(x) sc, st act . iam a govt. employee sir guide me what i can do.

suresh (MD)     07 March 2015

Dear Sir,

My father in law filed a fake dowry death case 304 (B) against me and my parents, for that i have remanded for 1 month and after few months now charge sheet put and 1st hearing gonna come in few days, now my father in law wants to withdraw that case, Is it possible to withdraw that case?What is the procedure to withdraw the case? Kindly suggest sir.

 

Thanks,

Suresh.P


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