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Amit (Other)     22 December 2013

Father committed suicide after false 498a

Hi All,
          My father committed the suicide after when my wife logged the false complain against my family under 498a. He left the suicide note against her. And now parents of girl given the statement to the police that there is no demand for money from my family before or after marriage. Police is ready to withdraw the dowry case but

Regarding my father suicide police is saying that she was not with our family after filing the case or she have not called or mail any thing to my family. So there is no case of 306 Suicide.

Please suggest me what I can do, may I file the FIR against her for my dad's suicide.


Thanks in advance.

Amit



Learning

 7 Replies

S.QAISAR ALI ADV. (Advocate)     22 December 2013

Dear Amit,

Complete contents of you father's suicide note and concerned papers related to 498A etc.   be placed through some proper way or to contact on telephone no 9219125793 to understand the case .

Harrassed _by _498a (Executive)     22 December 2013

Dear Amit very sad to listen I know and understand your situation but this law is not for us. She can save herself very easily because there is no law against who misuse 498a. And you can do everything fight and file cases..but one fact remains same your father will never come back this is very bad fight and now a days only husband families are sufferer. And I say indian judicial system is responsible for this. Simply they have to make a law If a girl withdraw or loose the case same punishment will be given to her all family members. regards 498a frauds.

T. Kalaiselvan, Advocate (Advocate)     22 December 2013

I am sorry to say this that if the police do not find prima facie case made out in the complaint, they may not pursue it any more and they will a report closing it, in such event you may approach the court directly with a private complaint to direct the concerned police to re-investigate the case.

Zeeshan (Hidden)     24 December 2013

Ye hai hamare desh ka haal:-

https://www.bhaskar.com/article-ht/MP-JBL-high-court-rejects-lawsuit-4471859-NOR.html

 

आत्महत्या से पहले पति के सुसाइड नोट के आधार पर चल रहा मुकदमा हाईकोर्ट से खारिज पति की आत्महत्या के मामले में पत्नी और उसके मायके वालों के खिलाफ चल रहे मुकदमे को हाईकोर्ट ने खारिज कर दिया है। जस्टिस एनके गुह्रश्वता की एकलपीठ ने कहा है कि इस मामले में यदि पति को किसी प्रकार की समस्या थी तो वह तलाक लेकर अन्य कानूनी कदम उठा सकता था, आत्महत्या उसका समाधान नहीं था। ऐसे में उसके सुसाइड नोट के आधार पर चल रहे मुकदमे को किसी भी सूरत में जायज नहीं ठहराया जा सकता।

 

https://www.bhaskar.com/article-ht/MP-JBL-high-court-rejects-lawsuit-4471859-NOR.html

fightingfalsecase (sw)     02 January 2014

Fight to put her behind the BARS. She definitely should be punished. Women like her have made it shameful for other women.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2014

Take this suicide note to a good lawyer in your city.

 

If Police is refusing to register the FIR, then you can still pursue the case as a private complaint.

 

Also, don't get disheartened by quashing of other cases of similar bent. The merits and the contents of the Suicide note could be diffirent.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor

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

SKapoor_Lawkonect (Lawyer)     06 January 2014

Hi Amit, it is sad to know about the sad demise of your father, with regard to your question it can be said that yes you can file a criminal case against your wife and if the police is refusing to register an FIR in the circumstances you can move a private complaint against the wife. In order to prove a crime under Section 306 you shall use the suicide note and the documents regarding section 498A case against your family, you shall also try to procure the settlement plea in the dowry case on behalf of your wife’s family and their statements that there was no demand of dowry on your part. Hence you can show that the dowry case was a malfide case against you and your family. However, in order to prove the case of Section 306 beyond doubt against the women you should try to procure as much evidence as possible against the women as SC recently has said that in abetment of suicide case a clear ‘mens rea’ to commit the offence shall be proved. The court mostly is of the view that mere harassment does not amount to abetment of suicide so you shall have to procure enough evidence and fight the case against your wife to succeed.

Regards,

SKapoor

LawKonect

9555507507


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