Upgrad LLM

i don't understand withdrawal of ipc 406 by wife


Hello Experts,

My wife filed IPC 406 against me seven months back in court and judicial magistrate asked the police under crpc 202 to inquire the matter and submit the report. Thereafter the matter was held in police station for 5 months and police gave a reason that due to election arrangements they were busy and could not conduct the investigation. I am U.S. citizen and i live in U.S. now my inlaws know that i visit india every diwali so due to this misconception they holded the matter in police station. But after Christmas vacation when i didn't go to india the police started investigation as court sent them a notice to submit the report as soon as possible within the given period. Then the real torture started my inlaws and police started harassing me and my family members because their name was also included in the complaint. Police demanded 20,000 Rs from me to resolve the matter but on contrary i called Anti Corruption Bureau to inform about the harrassment. So a trap was setup and the A.S.I. who was inquiring the matter was caught taking bribe and he lost his job now. After that another A.S.I. took the matter in consideration and inquired the matter forcing me to come india. When i denied they submitted the report to court and then court gave a date to decide whether or not prime facie is made out. At first date, court gave another date for passing the order then on the second date my wife withdraw the application saying that due to "TECHNICAL REASONS" she is not willing to continue her complaint therefore she is withdrawing her complaint and there was no mention of Crpc 239.


1) Now in police inquiry there was nothing mention about stridhan and all she mentioned was that she filed maintenance and she never got any maintenance for me.

2) Most important part was that our marriage was not registered and the lawyer who conducted the marriage just made us sign on marriage memorandum and gave us marriage certificate however we never went to court for marriage registration (Can this be the reason for withdrawal of complaint because during police inquiry we mentioned that marriage registration did not take place)

3) In the police report my wife mentioned that we demanded 1 lakhs fifty thousand from her and her family members and witness also said the same lie.

4) When police questioned her about marriage photographs she said that she doesn't have any photographs but she knows that marriage took place.


On our end,

Accused were  me,my mom, my dad, and my maternal uncle out of everybody only my maternal uncle is in india rest of us are in U.S. so police mentioned in the complaint that A1,A2,A3 are out of india and could not inquire the matter but A4 states that marriage registration did not take place and if it did then court should question my wife to prove that marriage took place. The whole matter was going round and round of the marriage taking place but when my uncle questioned that I.P.C. 406 is all about criminal breach of trust as far as stridhan is concerned the police were just saying that whatever womens say is true and they have to go by that and it has nothing to do with stridhan.


I want experts to clear my confusion and please help me clear my doubt. While the matter is withdrawn from court me and my family members went through hell and therefore i want to find out what exactly went wrong for the opposition ?

1) is that the resaon prime facie was not made out she withdrew her complaint ?? or is it court who decided that the case is groundless (But there is nothing mentioned about crpc 239 for the case to be groundless) ?

Can wife withdraw her complaint just by giving a simple application saying that due to technical reason she don't want to continue ? is it this easy for her to file a complaint, harass opposition, and then withdraw the complaint whenever she likes ? Why is it that court did not question her about any withdrawal ? She has just mentioned due to "technical reasons" i do not understand this i would appreciate if experts can clear my doublts.

 
Reply   
 
LEGAL CONSULTANT

Dear Sir,

Since the offence under S.406 may be compounded by the owner of the property (Your wife in this case), she can withdraw her complaint for no reasons. You can't question it. However, if you are offended by what she has alleged in her complaint against you and your family members, you may file civil as well as criminal cases against her in the appropriate forum. 

Kindly feel free to speak to me on 9842197857 for any clarification.

http://www.jeevaganadvocate.com/


Total likes : 1 times

 
Reply   
 



The best way to deal with this is to treat criminal as a criminal and i see the only way would be to harrass them back using the same procedure such as by filing IPC section case and then withdraw the complaint saying exactly the same words "technical reason" thank u for the valuable advise

 
Reply   
 

hi,

Theres no reason why she backed out but i know the personal trauma u been through. But dear i will suggest you not to get into this thing again as it will take your precious time and money. But still if you want you can file both civil as well as criminal suit against her

regards

abhi.kumar9law@gmail.com

 
Reply   
 
ADVOCATE--LEGAL ADVISOR

Dear Quariest, peace of mind is the biggest asset. Your wife is well in right to withdraw the complaint. And Court is well in right in granting permission for it. Now when the cause of action (406 I.P.C.) has not been decided on merits, but it is "Withdrawl for Technical Reasons" , her cause of action against the accused persons is still alive. It is advisable to Retain and invest your energies for positivity, trying to forget your bitter past. 

akseth advocate::::::::::aksethadvct@gmail.com

 
Reply   
 

Thank you for the advise experts.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x