Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Harrassed by False Case (Service)     24 September 2014

False 498a

Respected Members,

 Request all the learned members to guide us. My family is being harrased my younger borther's wife and her parents.

The case in brief is  produced here - 

1. My brother got married in Nov'12

2. Within a month his wife started showing true colors and started fights with my brother and as she belongs to richer family than us she started complaining on everything. Her father used to come to our house every other day and started interfering in our daily life.

3. Seeing that they are polluting the environment of our home, we decided to grant the wish of my brother's wife of living separately. Ours is joint family. We are three brothers- all married and living with our parents in a rented flat .. Due to my job requirement i am currently posted in a small town nearby and visit my fparents atleast once in a month.

4. They started living separately but my brother's wife was even not happy with this. She keep on torturing my brother with her demands . She wanted to take full control over my brother in all sense.

5. As the matter got worsen,we involved other relatives from both the sides to resolve the issues between them. The relatives concluded that the girl is hyper and thus an agreement (MoU) was prepared in presence of relatives from both the sides describing the guidelines for both of them to follow to make their married life successful. 

6. However, things did not improve . The father of the girl even came to our office with some locan goons and threaten that they will cut my brother's limbs and malign his image in the office he works. We immediately lodged a complaint in local Police Station.

7. We sensed that the girl might file a false case against us u/s 498a. So we used to keep police informed by way of General Diaries whenever any untoward events happened.

8.  In Dec'13, there was big fight between the two  and on the same day the girl left the place with her father.

9. The matter again went to our community and the girl's father demanded huge money as alimony. We are of limited means , my brother is salaried. My father is retired from his small business which is currently looked after by my elder brother. We by all means and ways could not meet that requirement. 

10. Since Dec'13 the girl was living with her father as per her own wish. We even informed this to Police by way of GD. 

11 When we declined the girl who earlier wished to take divorce started forcing to stay together again with my brother. We have earlier tried every ways to reconcile but every time the girl made our life hell. My brother was not in that position to continue with her anymore and he filed a divorce suit against her in last week of Jan'14

12. All of sudden , in Mar'14 police came to our house and took my brother into custody. They informed us that the girl has filed 498a case against my brother. We asked our lawyer to take care of the matter as we were confident that we have informed police every time and thus nothing would happen. But thanks to the corruption the lawyer changed the side. The father of the girl has great influence in the local police station and he even managed the lawyers.

13. Every thing happened like a bollywood movie where an innocent person runs pillar to post but the corrupt officers and power and money has a final say.

14. My brother was jailed and  we all who never knew P of police and C of court found ourselves helpleless. Despite our legal right to have access to a copy of FIR and other documents we were not provided. We then hired one another lawyer who against a good money secured us the documents. We were totally shocked after reading the FIR as everything our there was a lie. 

15. But due to panic and suggested by many on not go in legal battle route rather to talk the girls family to know what they want. We approached them the girl said if my brother lives with her she would withdraw the case.

16. We were into panic and a couple of days later we were informed that if does not opt to what she wants police will start arresting my parents, my married sister and we two brothers. 

17. We are nothing in terms of money and power as against the girls father. We are a simple middleclass family.The only thing in our mind was to get my brother out from jail. So we went to meet our brother in jail and conveyed the intention of the his wife. Fearing that his parents would also put into jail my brother completely broke and he agreed to stay with her.

18. Dramatically things happen and the girl gave a undertaking to the court that he has no problem with her husband and he can be released on bail. On the basis of this the court issued a conditional bail order.

19. We were then asked to withdraw all our GDs with Police station and also the Divorce suit which my brother filed and in return they promised that they will withdraw the 498a case against us.

20. As we were at a receiving end we did as we promised. The bail was with a condition that my brother would visit the IO three days in week. For couple of weeks my brother visited him but after that the father of the girl said he will manage and asked us submit the attendance diary to him. We in good faith handed over that diary to him and told the police verbally about it. Police told that no issues as anyways the case would be closed.

21. This time the girl stayed at her choice of flat and she ensured that my brother meets his all materialistic demands. 

22 But having done as per the girls wish she again started fighting with my brother on pitty issues. She wanted my brother to act like her pet dog which follows every command of his master.

23. The girl by now knew that with misuse of her power she can get anything done from my brother. She quiet often threatened by brother that if he does not fulfill what she says she will again complain against him with police.

24 The matter was informed to our community , they warned the father of the girl  not to misuse his power and restrain themselves taking legal route on the basis of false case.

24, Months passsed and In July'14 a fight over a very small issue broke between both of them. The girl again showed her hyper nature. My brother immediately informed about this to a senior member of our community. He asked my brother to meet him. 

25. This time my brother narrated all the things happened after he came our from jail and started living with her. We came to know how the girl has mentally tortured her and she even beaten  my brother. My brother was very depressed and he was not position to continue this relation with her anymore.

26. He conveyed this community member and his wife also explaining the detailed reasons for his wish not to continue this relationship.

27. But the day he said this, from the next very day we got a call from the IO to meet him. He asked my brother that why he is not visiting the police station as per the court order. My brother made him remembered that he was not asked to meet them as his father in law was taking care of the matter and case was about to be withdrawn.

28. Well in reality nothing such happened and the case is still open. He again used the same route to force him continue this relationship.

Now my question to the forum is what should we do now.? Where do we stand legally.? 

Please suggest.

 

 



Learning

 2 Replies

Sanjeev (Lawyer)     24 September 2014

The best way is to secure Anticipatory bail for all the members of the family who have been accused in the FIR and your brother already is out on Bail so let him follow the bail conditions and later your lawyer can seek relaxation from court.

when family issues reach court and extreme things like Jail also happens there is no worth of maintaining the relations as these relations dont work in fear of legal action or pressure. The family of wife and she herself would like creating fear amongst your family of legal action which is not good.

 

Best way is to secure your Anticipatory bails and then make yourself safe and then the case proceed. If I would have been in place of your brother after being jailed for a day I would not live with a lady who sent me behind bars.

 

Money is spent on litigations and you cant save it higher a good lawyer via reference who can be trusted and fight on merits. After you secure AB you would be in a better position to nagotiate.

1 Like

Harrassed by False Case (Service)     25 September 2014

@ Sanjeev - Thank you sir for your advise. I fully agree with you that nobody can live with a lady who has jailed her own husband after giving so much trouble. But at that time we were into so much panic plus the relatives kept on pressurising us that we will not be able to fight with them as we do not have power .money and source. We were helpless and the fear in my brother's mind that his old parents can be put behind bars made him to take such decision. Anyways, the situation now is back to square one and now we feel that we should have put up a fight then.

Now, we have decided as a family that if the matter does not solved by way of  mutual discussion and if my brother's wife and her father do that dirty thing again we will fight this time. Having said so I just wanted to know what could be the consequences of not meeting the IO as was required by bail order. ( I have already mentioned that on good faith and to get the case dismissed we were forced to submit the attendance diary to the father of the lady. Police was informed this verbally and they too have suggested that my brother is not required to visit as the case would be closed) 


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