Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Priyanka (erer)     18 January 2012

Kind help...

hello,

I have been working in MNC, in April'09 i was married, in Aug'09 i have filed 498a and 3 & 4 DPA case against my husband and other husband relatives. And all got regular bail. According to my lawyer, a final report was submitted within 10 days. 

During feb'10 i have called my husband on his mobile to know whereabouts. We were in regular touch for ending this issue. And may'10 he asked me to clear all the cases nd come and join in his joint family. But i refused to do so as he requeste me to join in joint family i was thinking of separate family, so he went to HC for quashing case and HC judge without applying his mind, stayed the case till the disposal of quash petition and also stay included the personal appearances at lower court. AFter this we two lost contacts.

And during april'11, he called me again to join the family as last option. And i accepted to join the family in joint family BUT he is asking to write it an affidavit saying that this false case. But i refused to do so. I have given many options for withdrawing it, but he is reluctant to do it now. And we are in regular touch, even though the quash petition is pending in HC.

In between during the quash petition, my FIL/MIL has filed 

1) Tax Evasion pettion agaisnt my father, for which we are suffering a lot.

2) They screwed up the IO's who filed the case, they have been suspended for filing case for the cause of not doing any investigation propely nd fr nt any collecting evidences during submisison of final report (dont know exactly but seems DGP or IGP has given the report of IO's to my husband family).

3) And again they took that matter of IO's to State Human Rights Commision, we heard there also those IO's are getting grilled at max.

4) And filed a peition with General Administration against my father and all other witnesses who are my cases.

These things are happening but my husband is also speaking to me. The quash petition is ther for almost one and half years, we have requested my husbands lawyer not to go further on this, so my husband's lawyer amicably accepted it and reserved the case. The stay and quash petition weren't listed in causelist fr almost 1 year.

I spoke to most of the relatives of them, they say if you want to stay with him then pls write it in affidavit saying that its false case while withdrawing the case. I dont know what i have to say to them or what decision i have to take. They said they are also ready to write it in affidavit saying that they will accept me as there DIL if accept to write it as false case.

1) The stay petition wasn't extended from Jan'11 to till now as our lawyer nd his lawyer agreed to reserve the case for the sake of compromise talks i.e., not getting listed in causelist. Other party wasn't aware of this. During this time, my husband went out of country fr three times on work permit and returned back thinking that he is having stay and also to note he was given unconditional bail.

         1.1) Please let me know what does 'Reserve' of high court quash exactly mean?

         1.2) As the case was 'reserved', does the stay for my husband and relatives of him EXIST OR VALID?

          1.3) I havent filed any counter reply to their quash or stay petitoin till now. Is it valid, if i ask court to vacate            the stay based on this point that my  husband has went out of country without informing the court?

          1.4) Is it not his duty to inform court while going abroad.

2) We have mentioned abt 25 lakhs of money in comlaint, do i need to submit proofs mandatorily during quash peition.

3) My lawyer was informing that they can file DP3 against us, as we have mentioned dowry in complaint. Can they file DP3 against us? If yes, then can they also file during this time also ie., as the case is in hc. (Please not case was registered in aug'09 and may'10 quash petition was filed)

4) We were in regular touch sometime i too call him, Can i file any other cases against him as he talking to me on phones from many months during the stay petition ?

5) Can i file any other civil or criminal cases, while the case is in stay. (Note: I havent filed any other case except 498a)

6) Please let me know what other cases he can file during this situation, we are really suffering a lot. 

I would be thankful for any kind replies.



Learning

 18 Replies

Rajneesh Rana (Member)     18 January 2012

1. You seems to be quite undecided/clear about your relation with your husband. At one hand you are in Civil & Crminal Litigation with your husband and his family members and on the other hand you are ready to live with him. My first advice is that first of all you should decide what you want. 

2. Avail photocopies of all the cases/replies you and your husband has filed against each other and read them carefully. Better you take help of some an advocate to understand the meanings and consequentces.

3. Avail copies of last 3/4 orders passed in every case. It will help you to understand the satge and position of the cases.

4. Be a party to Quashing Proceedings filed by your husband at HC.

5. In case you are unemployed and have no sourse of income you can file petition/applicantion U/S125Cr.P.C. or Prevention of Domestic Violence against Women Act. You can seek other relives under this Act.

6. I failed to under stand why your counsel is saying you that your husband can file a case against you under PD3. He is the best person to tell you the reason.

7.  Try to solve the matter ammicably but don't give  in writing that you have filed false cases against your husband and his family members.

8. Better you consult a good lawyer, he can help you to under satnd the true picture. 
 

Learner (XYZ)     18 January 2012

Priyanka,

Rana is quiet right. First, decide your relationship separately. It seems your husband has decided but you are in confusion. His compromise offer is meaningless if he attaches it to condition of affidavit. Just forget about it in any eventuality.  

You have remained just three or four months with your in-laws and filed 498 A complaint, obviously against most of their family members including, may be, their married girls. Perhaps, one can guess what went wrong with your legal prospects.

It seems that you were ok with your husband but the problem joint family Vs separate family and you chose legal arm-twisting which backfired. The problem is legal as well as personal. Your confusion affects your legal steps. Now, when things have gone this far, amicable settlement includes amicable departure. The family settlement works only if it is truly meant for settlement.

Mr. Rana has advised you well. Do not think under pressure. Do not tell Opposite Party that you are under pressure. It matters. It is your personal choice, but making calls is also an evidence of some sort.

Sanjeev (Lawyer)     18 January 2012

The first decision you would need to make would be that whether you want to join him or not if there is any point in your mind to join him than its not worthwhile than to file any more cases or proceed with vacation of stay. 

The actions taken by them in filing TEP and action against IO is justified as they would have suffered a lot during the time the case was filed and they had to run for bail. They have a right to screw the people who caused harm.

The opportunity to join back is good and  would suggest thst you can explore this option as this litigation wont lead you anywhere and this would have taken away your and your parents mental peace plus the outflow of money to lawyers. The affidavit that they want stating that this was false case can be agreed to be drafted in such a language that it would not seem to be harmful to you in any way as the words 'False case' is not good to give in writing as that may lead to a negative impact on you legally if sometime they use that against you.

 

The stay in HC can be easily vacated if you wish to to that you would just need to file a 'Affidavit' in reply to their case as HC wont quash the case without trial. The case can be got listed by your lawyer and the stay can be vacated in just 2-3 listings.

 

But settlement in the best option instead of being egoistic and thinking that you can defeat. As even if stay is vacated they have regular bails in place and the only pressure that will come on them would be visiting the cout on every date that may not be that frequent.

Priyanka (erer)     19 January 2012

 

Thanks Rana, Learner and Sanjeev for your kind replies.

Actually, when the case was filed my parents/relatives told them we will threaten them to give back all the belongings (i.e., jewellery) and also ask for separate house but they havent told that my husband nd his relatives will be jailed for this case. I was in great depression at that time due to unknowing reason for the miscarriage, i thought anyway i wanted to get separate house, if this succeeds then i will be with my husband in separate house so i informed police as my parents/relatives informed to state as written in my complaint.  

I miss him a lot, he wasnt cruel to me not even after i filed case. When i spoke to him for first time, i told all this things to him which happened during that time. He recorded everything without informing me, and he used the same recordings for filing quash petition, even though there were some other legal points for quashing also. Because of this quash, they are asking me to write it an affidavit saying this false case. I tried a lot to convenince regarding withdrawal of case, but they are not intrested do it anymore, THEY specifically wanted to mention it as FALSE CASE in affidavit. They say we suffered, hence we dont bother abt whoever suffers. But however, in this instance i have to lose him or my parents. I want to be with him but how to leave my own parents who looked after me till now. Hence, atleast to get some relief now, i would like to choose the legal way so that there demands gets down.  Hence i requested in this forum.

Below i have mentioned main points in my complaint/FIR. It would be useful for you inform me, whether how much strongly i can defend during quash.

Main points of my complaint/FIR

A) Marriage was performed at X City, Y State.  (Please note case is filed in my X city, Y State)

B) Given dowry in installments during the time of marriage at X City, Y State.

C) I joined my matirmonial city A City, B State. (Please note my matrimonial house is in differnt state, and below everything happened at my matrimonial house)

C) We lived happily for 3 months, and from 4th month my husband starting quarelling, beating.

D) I asked why are doing like this, he informed me to get Rs 7 Lakhs for getting additional dowry.

E) My in-laws not allowed to speak and move with my husband.

F) My FIL took all the belongings of me and he never gave me to use for during festival period also.

G) Again startd beating me, to get additional dowry, i called my parents.

H) My parents came to my matrimonial house and requested my husband nd in-law NOT to harrass me, and they will assure to get demanded 7 lakhs.

I) During 5th Month i became pregnant. And as soon i informed my husband and in-laws they asked me to get aborted.

H) My MIL with malafied intention gave tablets for 3 days, hence aborted.

J) Mediation happened at my in-laws house. But failed, hence filed case.

Could you please reply me to this previsouly mentioned questions.  It would be helpful for me to understand more in legal point of view.  I would be very thankful to all of you.

1) The stay petition wasn't extended from Jan'11 to till now as our lawyer nd his lawyer agreed to reserve the case for the sake of compromise talks i.e., not getting listed in causelist. Other party wasn't aware of this. During this time, my husband went out of country fr three times on work permit and returned back thinking that he is having stay and also to note he was given unconditional bail.

1.1) Please let me know what does 'Reserve' of high court quash exactly mean?

         1.2) As the case was 'reserved', does the stay for my husband and relatives of him EXIST OR VALID?

         1.3) I havent filed any counter reply to their quash or stay petitoin till now. Is it valid, if i ask court to vacate            the stay based on this point  that my  husband has went out of country without informing the court?

         1.4) Is it not his duty to inform court while going abroad.

2) HOW does it will impact me if my husband uses recording in quash petition, where i have told everything including the bribe that my father gave to police.

3) HOW TO DEFEND during quash, if shows that recording.

4) Can i write it in quash affidavit that my parents have given dowry as mentioned in 161 statments. Please note based on this point only they ahve filed cases in general adminstartion against my parents and relatives who are all government employees. 

5) We have mentioned abt 25 lakhs of money in comlaint, do i need to submit proofs mandatorily during quash peition. (Please note IO havent asked any evidences while  filing charge sheet).

6) We were in regular touch sometime i too call him, Can i file any other cases against him as he talking to me on phones from many months during the stay petition ?

7) Please let me know what other cases he can file during this situation, we are really suffering a lot. 

8) During quash petition is in stay, can i file DV/ 125 Cr.P.C even though this case is in stay.

9) My lawyer was saying they can file DP3, as we all mentioned clearly in complaint and 161 statments that we have given dowry. There might be chances that they might file DP3. And what precaution we need to take in legal point of view. (Note: Im already suffering for this, i want to safeguard atleast now for time being)

I would be very helpful if you ppl help me to get out of this mess.

Agneepath (Software Engineer)     19 January 2012

Ha ha ha !!! Ha ha ha !!! Ha ha ha !!!

Every such greedy wife should suffer. You, your family and everyone who gave false statements in the investigation. Your husband is a real fighter, who is not ready for even a joint withdrawl (quash). I heartily applaud him. There's a lot more remaining. Once they are able to get it quashed, they will file defamation case on you, which should be another good lesson for greedy and dishonest people like you.

As you said he got 'unconditional bail', he does not need to get permission to leave the country - so you cannot file any case even there. Bad luck.

Advice : You know that your husband is honest, and your parents are liars who forced you to file a false case without telling you that he might be arrested for this. Tell your husband you are ready to write the same in the affidavit, and just do a mutual divorce . Since Indian courts are still lenient on the so called 'Ablaa Naari', they might leave you because you were forced. 

3 Like

(Guest)

"1.4) Is it not his duty to inform court while going abroad.
2) HOW does it will impact me if my husband uses recording in quash petition, where i have told everything including the bribe that my father gave to police."


Are all Duties are for Husband ?
Was not your duty to join him when He Requested you many times?
Most of the times Fathers of Ablaa Naari are real Villain behind breaking homes BUT your Contribution Cant deny. You should have thought all this Before..

Heartly Appluse to your Husband. yet you want to FILE more cases on Him, I strongly belive you are adamant, realise the Truth, your parents are liars and Greedy.
Better repent your mistake in WRITING. and walk away with DIGNITY.
and STAY Tuned.. PICTURE ABHI BAAKI HAI..........

1) Quash is possible because he has Strong Evidences.
2) D/p 3 Is possible Because of your own False statements in FIR
3) Defamation Suite.
4) preJury

HATS OFF. to Husband
and for you to realise, we are not fighting agaist you, BUT FIGHTING Agaist EVIL inside.


 

1 Like

Rajneesh Rana (Member)     19 January 2012

1.1) Please let me know what does 'Reserve' of high court quash exactly mean?

         1.2) As the case was 'reserved', does the stay for my husband and relatives of him EXIST OR VALID?

Ans.1.1) ' Reserve' means that the matter has been put in cold store for the time being as both the parties has stated before High Court that compromise negotiations are under way. Proceedings can be revived as soon as your Counsel will inform the court that compromise proceedings has failed and now he wants the get the matter decided on merit. So no need to take this 'Reserve' matter seriously.

Ans. 1.2) As the last operative order of High Court was to stay the trial proceedings so it will remain operative till HC vacates that order.

1.3) I havent filed any counter reply to their quash or stay petitoin till now. Is it valid, if i ask court to vacate            the stay based on this point  that my  husband has went out of country without informing the court?

Ans.1.3 ) The matter of your husband going out of country has nothing to do with the stay order.

1.4) Is it not his duty to inform court while going abroad.

Ans.1.4)  You said that your husband has been granted unconditional anticipatory bail by the court but I am not convinced about it because when ever Court grants anticipatory bail to an accused/applicant it generally imposes some conditions upon the accused and one of the conditions is used to be that he wiil not leave country without informing and taking prior permission of court. So my advice is that you better procure a copy of bail order and read it carefully.

I SHALL TRY TO ANSWER YOUR REMAINING QUESTIONS NEXT TIME, SO KEEP IN TOUCH.

 

Priyanka (erer)     20 January 2012

 

Thank you Agneepath, Zameer for you kind replies, If you have any expertness on the matter which I have requested in my previous query then I would humbly request you to help on the matter requested. And if you know how to help me and dont want to help then thats also kind of a help and its also will be fine with me instead of demoralising.

 

And also thank both of you for letting me know the various cases my husband can file on me, which i wasnt aware abt it till now.

 

Thanks Rana for your detailed explainations, I would like to get some more information on the remaining questions.  

 

If anyone is also having information then they are also welcome in this topic and provide me their valuable suggestions. Thanks!

 

 

Priyanka (erer)     20 January 2012

Sorry forgot to mention, he got regular bail which is unconditional (thats wat my lawyer told), they havent got anticipatory bail as they were arrested next day of FIR.

Rajneesh Rana (Member)     20 January 2012

Even regular bail is granted by the court subject to some conditions. You better procure a copy of his bail application and affidavit filed alongwith that application.

Agneepath (Software Engineer)     20 January 2012

@Priyanka,
No, my reply was not "kind", and was never intended it to be. Do you REALLY think from inside that honest people who are sufferers of the same law should be 'kind' to (adult and mature) women like you, who file false cases and then give stupid explanations like "I did what my mummy and pappa told me to do?" Do you even realize what a family goes through when you file a criminal case like dowry harassment on him? There life is destroyed. That much, only to LIVE SEPARATELY than the rest of family? Do you have even a bit of guilt and shame? 
Also, something no lawyer would ever tell you, is that the rate of conviction in 498a cases is just 2%. (Only 2 of every 100 cases ever get punished). And from the conditions, it is clear that you cannot win. Keep doing rounds of courts, wasting huge money for YEARS in influence of these lawyers, and finally sit at home. Other option : Request husband to do settlement, and tell him you do not want ANY maintenance, any money, nothing. He might be kind enough to forgive. 

Lastly, my motive is not to NOT demoralize you. My motive is to make potential "498a wives" learn the consequences of filing false criminal cases. 

@Rajneesh Rana, 
1). Her lawyer is right. Why do you think her husband cannot file a DP3 on her parents? What is your doubt? 
2). I know of many examples in the Regular bail, which do not have the condition of taking permission before leaving the country. It is quite normal. 

1 Like

(Guest)

@Agneepath,

 

Why dont you consider writing a separate thread on consequences of false 498A ? I would love to share that link with my 498A wife :-)

Agneepath (Software Engineer)     20 January 2012

@Never Give up, 
People have already done the needful long back. Here's one link:  https://ipc498a.wordpress.com/2007/06/18/consequences-for-filing-a-false-498a/ 

Of course, it's time that blog is updated with other reasons greedy women destroy their own lives by filing a false 498a. 

Tajobsindia (Senior Partner )     20 January 2012

@ Author

 

Please let me know what does 'Reserve' of high court quash exactly mean?
Take:
If both parties are under spell of negotiation and or under some form of compromise stage(s) then joint and or even unilateral request is made accordingly to Court to postpone hearing their further submissions to a later date. This is interpretation as per your long briefs and not binding as other legal interpretation definition of what ‘reserve’ as Court note is all about.


As the case was 'reserved', does the stay for my husband and relatives of him EXIST OR VALID?
Take: It extends till either and or both approach to vacate the Stay with cognizant grounds and counters accordingly.



I have not filed any counter reply to their quash or stay petition till now. Is it valid, if i ask court to vacate he stay based on this point that my husband has went out of country without informing the court?
Take: It is your side’s wish either to file your say in writing as counter argument and or as rejoinder and or even proceed directly to Argument stage and this choice we cannot direct as this is nobodys case. Secondly if bail Order has no conditions set thereto then accused has all the right to go on vacation to overseas and unless and until the accused is not co-operating into investigation procedures h/er bail cannot be canceled is judicial view. You have to re-read his bail Order to know better what it says.



Is it not his duty to inform court while going abroad.
Take: if Bail is un-conditional then it is nobodys case.



We have mentioned abt 25 lakhs of money in complaint, do i need to submit proofs mandatory during quash petition.
Take: No. Quash happens on merit of the case and or as even based on compromise statement of parties and or even as plea bargaining and under given nature of IPC cases that has been filed ‘compromise’ is the end norm unless other side is bent upon to prove his / his side’s innocence and take the complaint case to silver test of trail.



My lawyer was informing that they can file DP3 against us, as we have mentioned dowry in complaint. Can they file DP3 against us? If yes, then can they also file during this time also ie., as the case is in hc. (Please not case was registered in aug'09 and may'10 quash petition was filed)
Take: In India under ill advise of men and agents under family Laws female gets ill advises and if other side wants to take such ill advised complaints cases to task then why not a counter case of DP be filed by other side ! Well in short it is not constitutional rights only given to females under matrimonial Laws to only have upper hand. Bottom line both sides can file cases and no one can stop and it is other matter what could be outcome but then the ground beneath both and or either has already been harvested by that time so this question today has lost its relevance as you being well legally advised and knowing all in family law practice and procedure.



We were in regular touch sometime i too call him, Can i file any other cases against him as he talking to me on phones from many months during the stay petition ?
Take: The question is confusing to yourself donot you think ! Why would you stay in regular touch on one side filing complaints cases under IPC and CrPC? This could be best answered by you yourself otherwise you have weaken your own stand in your Complains if real motive was not that to complain against ill-treatment relating to dowry and etall!



Can i file any other civil or criminal cases, while the case is in stay. (Note: I havent filed any other case except 498a)
Take: In India filing criminal / civil cases is so easy that people get lost of ‘josh and hosh’ in the spur of the moment. The real trick is to know your own long term capacity to handle them in all its legal colors. If you are ready to digest long term servicing of cases handling then by all means make a conscious choice and then act according to advise of your lawyer and company that is being kept and for the same Legal forum cannot be expected to advise you on list of cases as we donot know full facts of aggrievement of a errant metro wife !



Please let me know what other cases he can file during this situation, we are really suffering a lot. 
Take: My legal observation on this que. of yours is that if you and your side are really suffering then what is the motive of keeping regular touch with him / his side of family as you say. In social matrimonial norms a sufferer takes other person to task and not make kiss and tell kinda SMS / phone calls in regular intervals with other party unless some other motive stands exposed before Court by either side. Hence by your this statement before us and parallel question such as this itself neutralizes your long term evidentiary motives so think before you act in such casual manners is the best path you should follow for your own so called sufferers agrievements as one or the other day you will be put before the Witness Box, then what ?.

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