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498A_HARRASED (NTNGH)     29 September 2011

Help for 498a victim.

 

Please spend few min over here to help me.

I have reproduced the exact replica of CRUX of the chargesheet which is about 15-20 lines for my 498a & DPA 3&4.

"After the marriage, PW1 joined with her husband and inlaws A1 to A4 at her matrimonial place at X. Subsequent to the marriage, the accused A1 to A4 started harrassing PW1 mentally and physically and subjected her to creulty to get an additional dowry of Rs 10L from her parents. Several times PW1 informed the same to her parents PW2 and PW3 over telephone. As such her parents PW2 and PW3 visited the matrimonial house of PW1 and requested the accused for 2 months time to provide such a huge additional dowry of Rs 10L since already they have spent Rs 25L which is more than their capacity for their daughters marriage and also requested not harrass PW1 for want of additional dowry. About two months prior to x1-0x-xxxx when PW1 became pregnant, the accused A1 to A4 demanded PW1 to get abortion. But PW1 refused for abortion. For that with malafied intention, the accused A4 gave some tablets to PW1 by saying deception words that the tablets are very useful for the growing infant in the womb. When PW1 swallowed the said tablets for 3 days from the day 4 the bleeding started and thereby PW1 became aborted. When PW1 asked the same, the accussed A1 to A4 did not heed her words and necked out her from her matrimonial house with her wearing cloths with intrustions not to visit their home until fulfilling their demand of getting addtional dowry from her parents. As ther is no other go, she joined with her parents at place Y. Her parents PW2 & PW3 along with elders PW4 to PW6 made mediation with the accused at place X and also at their home at place Y requested the accussed no to harras PW1 for want of additional dowry of Rs10L, but they did not change their attitude of demaniding to get an addtional dowry of Rs 10L from her parents. Finally lost her patience and lodged report in the PS."

Hon'ble highcourt has stayed the proceedings for all the people i.e., A1 to A4.  I have the following Question,

1) You can find that there is no date or time that has been mentioned over there in chargesheet. Is it useful for me, is there any SC /HC judgements avaialble to show that these are false & frivolous case for not mentioning date/time in criminal cases.

2) There were no evidence submitted with the chargesheet. 

     2.a) They have claimed Rs 25L was spent on marriage, but not even single bill has been submitted with the chargesheet.

     2.b) They claim that some tablets was given to PW1, due to which she was aborted. But NO medical report has been submitted.

     2.c) There is hardly one sentence which says PW1 was 'mentally and physcially subjecter to creuelty' but no evidence has been kept on records with the Chargesheet.

How this will help me during quashing?

3) There are many-many contradictions statements 161 Crpc between PW1 to PW6. How this wil be useful during Quash.

4) The case is stayed from past 1 year, and after reciveing notice from our lawyer they have filed vakalatnama but from past 1 year till now PW1 to PW6 didnt appeared in HC. And they neither submitted any type counters for our quash petition.

4.a) Can we ask HC to give ex-parte order, becuase from past 1 year the other party hasnt filed any counters to my quash petition. Can we say as this case is false and frivoulous and other party has nothing to say on this case .

        4.b) If not, how can be bring PW1-PW6 to HC for further progress.

        4.c) Please tell me if there any other solution for getting it quashed without mutual consent, while my petition is stayed.

5) We were forcibly taken to PS from place X to place Y, X & Y places are in different states.  And they havent informed any of the relatives after arresting us. We are in illegal custody with Police for 3 days, because of this reason they have forged the 'Arrest Form' with the forged sign as of our relative.

HOW CAN WE SHOW TO HC JUDGE THAT THIS IS FORGED DOCUMENTS BECAUSE OF ILLEGAL ARREST AND ILLEGAL DETENTION.? AND HOW IS THIS FORGERY OF ARREST FORM USEFUL FOR ME?

6) I filed RTI to know whether any investigation happened at Place X where the all the harrasment happened, the Superintendent of Police/PIO has clearly mentioned that there was NO INVESTIGATION done at Place X and NO NEIGHBOURS has been examined at Place X on this issue. How would this will be useful for me to sue those Police guys in HC?

7) Is it worthable to get quahsed on the above mentioned points?

8) After getting Stay, i came to abroad and i dont know when this assignment here wil be over. IS there any chances i would be impacted by anyway here due to this.

BTW, i have filed TEP against FIL, and RTI regd TEP is pending with CIC.

Could you please help me in this soon?



Learning

 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 September 2011

 

1) You can find that there is no date or time that has been mentioned over there in chargesheet. Is it useful for me, is there any SC /HC judgements avaialble to show that these are false & frivolous case for not mentioning date/time in criminal cases.


THERE IS NO SC JUDGEMENT ABOUT THE SAME, HOWEVER, THERE ARE FEW HC JUDGEMENTS ON THE SAME FACTS. WHICH HC YOUR CASE IS IN?


2) There were no evidence submitted with the chargesheet. 

     2.a) They have claimed Rs 25L was spent on marriage, but not even single bill has been submitted with the chargesheet.


IT IS IMMATERIAL FOR QUASHING.


     2.b) They claim that some tablets was given to PW1, due to which she was aborted. But NO medical report has been submitted.


THE BENEFIT IS TO YOU, BUT IMMATERIAL FOR QUASHING


     2.c) There is hardly one sentence which says PW1 was 'mentally and physcially subjecter to creuelty' but no evidence has been kept on records with the Chargesheet.


THE BENEFIT IS TO YOU, BUT IMMATERIAL FOR QUASHING


How this will help me during quashing?


ANSWERED


3) There are many-many contradictions statements 161 Crpc between PW1 to PW6. How this wil be useful during Quash.


INCONSEQUENTIAL FOR QUASHING, BUT CAN BE USED IN TRIAL.


4) The case is stayed from past 1 year, and after reciveing notice from our lawyer they have filed vakalatnama but from past 1 year till now PW1 to PW6 didnt appeared in HC. And they neither submitted any type counters for our quash petition.

4.a) Can we ask HC to give ex-parte order, becuase from past 1 year the other party hasnt filed any counters to my quash petition. Can we say as this case is false and frivoulous and other party has nothing to say on this case .


REQUEST HC TO ISSUE FINAL NOTICE. ANYWAYS IT IS BETWEEN STATE AND YOU, SO THEIR PRESENCE IS A MATTER OF PRACTISE THAN LEGAL REQUIREMENT.


        4.b) If not, how can be bring PW1-PW6 to HC for further progress.

        4.c) Please tell me if there any other solution for getting it quashed without mutual consent, while my petition is stayed.


ON LEGAL GROUNDS, QUASHING CAN ALSO HAPPEN


5) We were forcibly taken to PS from place X to place Y, X & Y places are in different states.  And they havent informed any of the relatives after arresting us. We are in illegal custody with Police for 3 days, because of this reason they have forged the 'Arrest Form' with the forged sign as of our relative.

HOW CAN WE SHOW TO HC JUDGE THAT THIS IS FORGED DOCUMENTS BECAUSE OF ILLEGAL ARREST AND ILLEGAL DETENTION.? AND HOW IS THIS FORGERY OF ARREST FORM USEFUL FOR ME?


VERY DIFFICULT DUDE, LET GO OF IT AS OF NOW. YOU HAVE NOT LODGED ANY COMPLAINT TILL NOW SO DIFFICULT TO SECURE CONVICTION NOW.


6) I filed RTI to know whether any investigation happened at Place X where the all the harrasment happened, the Superintendent of Police/PIO has clearly mentioned that there was NO INVESTIGATION done at Place X and NO NEIGHBOURS has been examined at Place X on this issue. How would this will be useful for me to sue those Police guys in HC?


NOT MATERIAL, IF THE OFFENCE HAS PARTLY OCCURED IN THE JURISDICTION OF THAT POLICE STATION, THEY CAN PROCEED ON THE EVIDENCE TAKEN FROM THAT PLACE ITSELF.


7) Is it worthable to get quahsed on the above mentioned points?


:-) NO COMMENTS.


8) After getting Stay, i came to abroad and i dont know when this assignment here wil be over. IS there any chances i would be impacted by anyway here due to this.


NO.


BTW, i have filed TEP against FIL, and RTI regd TEP is pending with CIC.

Could you please help me in this soon?


WHAT HELP DO YOU REQUIRE, ALL QUERIES ARE ANSWERED. ANY HELP BEYOND THIS?

SANJAY SHARMA (ADVOCATE IN CHARGE)     29 September 2011

dear

i think you have to see the defination of "DOWERY" THAT GIVER AND TAKER WILL BE OFFENDER, THEN WHY R U NOT GOING TO APPROACH THE COURT TO LODGE FIR AGAINST YOUR FATHER-IN-LAW, MOTHER-IN-LAW ETC.

 

AugustPunitha (lawyer)     29 September 2011

you can also file criminal complaints aginst your wife and her parents and claim compenstion

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 September 2011

Sanjay,

 

Then in the same act, please read, "The complainant can not be prosecuted for giving dowry"

 

Punitha,

 

Under which sections? Can you elaborate.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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