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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   
 
Fighter

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.

 

I think after your action mentioned above they might be scared of taking any action against you. :-)


Total likes : 1 times

 
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Bravo Jon, When you started fighting against police officer, tehy would have known you are strronger and no use to threaten for compensation, other thing when she does not have valid marriage proof , they cannot bring you to India on any legal sections. I think, Police officer would have advised that they need proof of marriage for proceeding further else this will be dismissed later unless they bring the person who solemnised the marriage.But this only a speculation.

However people should take lesson from your attitude and be strong to fight police administrationa nd teach lesson, this way not only false 498a is reduced and also other threatens and corruption this country faces.



 
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Freedom

@ author

She will conevey the fact to the police that the moon is the sun and vice versa it does not mean that the cops are going to believe the fact that it is the gospel truth  . When the marriage itself is not registered than where is the question of stridhan arising :-) and if the list of articles too is mentioned than you can always convey the fact to produce the bills else she may ask for 50 soverigins of gold to be given back to her which you have neither seen .

The first thing for a case to have some weightage there should be some prime facie evidence and the next thing for them to prove is that your marriage ever took place :-)

 
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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.

Bravo man.....

 
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Jon,

Can you please elaborate step wife the procedure to trap corrupt Police officer.

That will definitely help others.

Regards

Fighter

 
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Originally posted by : fight_with_498a

Jon,

Can you please elaborate step wife the procedure to trap corrupt Police officer.

That will definitely help others.

Regards

Fighter

 

When a illegal demand is made by any govt. officer in india then you can oppose this by informing anti corruption bureau. Thereafter the district Anti corruption police inspector will be assigned to handle the case once you inform the matter they will teach us how to set up a trap. There will be two panch officers when such trap will be set up. So in my case my uncle had 20,000 Rs and when the officers came to our house the bills were marked with anthracene powder. The two panch officers identified themselves as our relatives and when the officer took money from his hand and put in his pocket the inspector stepped to our house and then they took the A.S.I. to police station where the amount was collected with his fingerprints and two panch officers signed as witness. I do not know what else took place in india but this is how it happened once i have more information i will share this with u. But i am still waiting on experts reply. How would some withdraw complaint so easily or in other words why court did not question this coz now i want to bring this up to court for the harrassment me and my family members had. They owe me an answer and i think i am entitled to know ...

 
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 Nehle pe dehla

no proof of marriage--------> No question of recovery istridhan and no 406 IPC

 
Reply   
 
Worker

My wife filed IPC 406 against me

when u admit that she is ur wife, then the factum of marriage is presumed.

if u have cohabited with her as husband, and made a representation to the society that u are husband and wife, then also marriage is presumed.

the mere fact that the marriage is not registered does not make the marriage void.


if u r claiming that there is no marriage & if ur wife has some proofs of cohabition as husband & wife / marriage, then its ur burdon to approach a CIVIL court and get declaration to that effect.


IPC 406 is compoundable.

the complainant can withdraw the complaint anytime.

instead of withdrawing, the complainant if remains absent, the complaint automatically gets dismissed after some hearings

 

the moot point is :

why are u tearming her as MY WIFE - MY INLAWS ?

why is she claiming that u r her husband ??


 
Reply   
 
Worker

Ingredients of IPC 406 :


the articles must be entrusted by the complainant to the accused.

the accused must has misappropriated / unlawfully converted for personal use the articles.

the complainint must have requested the articles back from the accused.

the accused must have refused to return the articles to the complainant.



 
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