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Pawan (Sr. Engineer)     02 September 2011

Misuse of ipc498a

Respected Sir,

 

I am Pawan Kumar, Delhi-110036.


 

We are living under threat because of well planned conspiracy for extortion by virtue of CAW Cell and IPC 498A executed by my elder brother Mr. Rajeev Kumar along with his Wife Mrs. Deepa.

My Elder brother Mr. Rajeev Kumar did Love Marriage to a Girl Ms. Deepa, D/o Sh. Sharwan Kumar, in Feb-2007.Due to their subsequent pursuation and threats of commiting suicide, my father arranged for a Arranged marriage on mutual consent of both families in Dec-2009.

Rajeev was neither doing any kind of job nor any source of earning, while Deepa was doing a contract job at Educomp, Noida, which she left in March-2010 due to her Thyroid Disease and Pregnancy. At that time my brother was pursuing a B.Ed course from Kurukshetra university for which he was residing at Kurukshetra, and he left Deepa at her paternal Home. In Aug-Sep-2010 Rajeev after taking his B.Ed exams came back to Delhi and brought Deepa at our Home. Immediately they both started demanding a share in the property. My father agreed for their share in the ancestral property but they were demanding a plot which is jointly bought by my father along with his younger brother Mr. Surender singh. And for pursuing their demand they started creating nuisance and quarreling with my parents and uncle. They threatened us if their demand is not persuaded they would impose false dowry complaint against us and drag us in to court. They both left our home in Oct-2010 and started living at Deepa's paternal home. Deepa gave bith to a male child on 19th October-2010 at AIMS and again both moved to Deepa's paternal home. They came back to us in January-2011 and pretended to feel guilty, but this was their drama to enter in to house and execute their pre-drafted conspiracy. This time again started their illegal demand despite my father was ready to give their share from ancestral property for which they were not agreeing. In the mean while they both moved all their valuable items like Jewellery, Sarees, etc. to Deepa's paternal home and on the other side they were pressurising my father for their illegal demand. On 5th February 2011 they executed their plan and filed a false and frivolous dowry complaint against us. They also approached CAW cell (Outer Dist. Delhi) for pursuing their illegal demand by Virtue of IPC 498A. After this my father debarred both of them from their all movable and immovable property. The case is still running at CAW Cell (Outer Dist. Delhi). CAW sought for a mediation between both parties at Rohini court, and a meeting between us was held on 30th August 2011, but they are not seemed to be ready for any resolution. Despite they wanted to allege a false and frivolous Dowry case against us. This is very unlawful practice to use IPC-498A for extortion against the innocent and civilised people by threatening them. They are using IPC-498A as a tool of extortion and blackmailing.

We are living under threat. Please look in to the matter and help us and please punish those people who are using IPC-498A as tool for extortion and blackmailing. We have the full respect and faith on the LAW and Order by Constitution of India. Please help us.

I sincerely admit that each and every statement and incident described are very true. I have all the documents and proofs which clearly prove that all this incident is just a conspiracy to extort my father by threatening and blackmailing against IPC-498A. All the documents and proof can be provided whenever asked.

 



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 September 2011

Hmmmm,

 

What help are you looking

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     03 September 2011

Dear Pawan,

Now your case in mediation cell, please give proper reply to the CAW Cell Complaint as well as  representatation in mediation cell at rohini court. you must have the copies of dowry articles and gift submitted by your sister in law. challenge it and file complaint before the income tax authorities also. further file RTI Application on the complaint. thereafter matter will be compromised and your brother will get divorce.

 

Regards

 

Rajiv Bhasin Advocate

Bhasin & Associates

9811210505, 9868635640

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 September 2011

Dear Mr. Bhasin,

 

I respectfully disagree.

proper reply to the CAW Cell Complaint as well as  representatation in mediation cell at rohini court.

Neither CAW cell nor mediation cells accept anything in writing, or accept and not make it record :-( Have tried this route multiple times without any result.

you must have the copies of dowry articles and gift submitted by your sister in law. challenge it and file complaint before the income tax authorities also.

Too premature, I have already sounded an alert of TEP before getting AB/ Bail. Delhi HC recently put a condition that hubby won't file any further RTIs as condition to grant AB. The same was upheld even by SC. As it was thought as an act of threatening the material witnesses by the Hon'ble Courts/

further file RTI Application on the complaint. thereafter matter will be compromised and your brother will get divorce.

  There is no guarantee of matter being compromised on RTIs,

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     03 September 2011

Dear Ms. Kapoor,

There are no. of Delhi Court and Supreme Court Judgments in which, Police is duty bound to investigate the version of grooms side if they have given proper reply / representation.  you should be aware of those judgments. if you are practising lawyer. we are doing it and we face no problems till date.

The bride and her in-laws malpractice and misuse dowry law as tool then you can get it verified from Income Tax Authorities as mentioned by Justice S. N. Dhingra of Hon'ble High Court of Delhi.

whatever you said may be right but what i am advicing is also right. so mind it and appreciate other person advise also. Law is very vast. nobody is perfect in this world . so god bless you.

 

Regards

 

Rajiv Bhasin

Advocate

Bhasin & Associate

9811210505, 9868635640

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 September 2011

Dear Sir,

 

Most respectfully, I am not a practising lawyer, nor a law graduate, rather I am just a law student at Delhi University.

 

But, this said, I can say with some confidence, that I am aware of all guidelines in Delhi given by Delhi HC/ SC in 498-a/ 406 cases. Because for last 3 and 1/2 years, I have dealt only one specific kind of cases, 498-a/406, DV, Maintenance. Having gone through the burnt of all sort of matrimonial law misuse. You think of a case in Matrimonial dispute and I have fought it as P.I.P.

 

I don't want to antagonize you, but with the advent of Justice Gambhi's judgement on investigation of 498-a/ 406 matters in Delhi (Later judgement than Justice Dhingra's judgement), it has been the backbone of investigation in Delhi.

 

Regarding Dowry giver judgement of Justice Dhingra in a later judgement, Delhi HC diffirentiated the same stating that when the parents of the girl are forced to give dowry, no action against them can be initiated. SLP filed against the said judgement was dismissed by the Apex Court.

 

I have just corrected you a lil bit, doesnot mean that I challange your expertise on dealing with such matters. I have a successful track record of filing TEP, which resulted in at that time India's first order where FIL was asked to pay for his false claims by Income Tax Department. And it was a sad day when Hon'ble Delhi HC stopped another person from persuing TEP as a condition precedent to enlarge him on AB. Again SLP was dismissed by Apex Court.

 

I hope you take it as a brother lawyer arguing against you, there is nothing personal in two divergent views. Let the person who posted be the judge in such matter.

 

Thanks for your wishes and May God Bless You too.

 

Warm Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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