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testing (test)     17 July 2010

IPC 498a + 306 C

Hello Sir/Madem,

My friend is recently falsely accused of dowry harrasement(498 a) and dowry death(306 c). They have been married for 8+ years and have 3 or 4 year old boy. They live in USA. Recently they chose to move back to India. During their 8 years marraige they visited India only twice. This is the second time. His wife was in deep depresion and also had some heart rhythm issues. Both symptoms are diagnosed and was taking medication. One eveing when she was at her in-laws house she overdosed herself with heart medicine, my friend noticed some unusual behaviour and immediately they admitted her in a hospital. Her stomach was emptied and she showed signs of recovery and she started talking but in next 20-30 mins she had fits and died on the spot. Doctor gave report of heart medicine over dose and heart attack led to death.

Right after that immediately her mom came and she verbally abused everybody around, Right away she filed FIR with 498(A) at the poilce station, next day she amended it with 306(c). Now my friend and his father(70 yr old) are in policy custody. They have also made lot of dowry false allegations in FIR and also reported names of his   married sisters. Married sisters have their own lives and kids are in colleges and some are working.

Few years ago her elder sister did the similar thing, she committed suicide by haging herself. Not sure whether it runs in the family or not.

His in-laws are not easy going folks and they are very rude. Now they are harassing his mom with verbal abuse in some cases physical abuse.

What are his next steps to come out on bail? about his father? what about his sisters?

Any help is appreciated.

Thanks



Learning

 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     17 July 2010

FIRST TRY BAIL IN SESSIONS COURT TO THE FATHER AND THEN FOR HUSBAND. MEET GOOD CRIMINAL LAWYER OF CONCERN COURT.

1 Like

testing (test)     17 July 2010

Thanks for your help. His relatvies are working on hiring a good criminal lawyer. Do you have any recommendations?

Follow-up questions:

1). Can this case be settled outside thru compromise between two parties ?

2). What is the wait before FIR is presented in SESSIONS COURT ?

3). Can such cases be squashed at police station or does it have to go thru court proceedings ?

4). What about his sisters, when can they apply for A.C.Bail?

5). Is FIR submission put on-hold until post mortem report is reported?

6). what type of evidence one can start to acquire in this case?

Sir, your help is appreciated.

Thank you!


(Guest)

All your answer is to Wait for post mortem report .post mortem report should clear picture ,all things and your lawyer may help you.

Adv.santosh (Hingoli{maharashtra})     18 July 2010

firstly your friend is not the accussed of dowry death because his marriage solemnised before the 8 years.

secondly , as per your information your friend's wife died due to the heart attack due to over dose of the medicine.it is not sucide and doctors report is also support to you . so don't wory firstly appoint the criminal lawyer for the bail of your friend and take anticipatary bail of other accussed who are not arrested. your freind will acquited in this matter.

testing (test)     23 July 2010

Follow-up question:

Currently investigation officer, I believe it's CI is doing the work and has not submitted the report yet and promising that he can try best to remove names of his family members based on his investigation but not my friends name from the case and also promisting that he can write report in his favor to remove 306c from the case. Obviously one has to pay the bills.

Is it even possible? Is it under his control?

Or

Is he making stories to delay the case to extract dues?

Currently friend and none of his family members are arrested.

is he side tracking?

What are his options?

Please share your advice.

Thanks

 


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