LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Siv (engineer)     17 April 2012

Money extortion case against wife based on crpc-125 case

Hi All,

 

Wife filed CrPC-125 case at her place stating allegations (all are false).

The maintenance case ground is alleged crulty and harassment at husbnad's palce.

 

Can husband file criminal case against the wife saying that wife is attempting to extort money from husband illegally by fabricating the false complaints/petitions.

 

My referece to make such complaint would be as below:

 

In Upkar Singh Vs. Ved Prakash & Ors. (2004) 13 SCC 292, this Court  (Supreme Court) considered the judgment in T.T. Antony (supra) and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the court. What had been laid down by this Court in the aforesaid case is that any further complaint by the same complainant against the same accused, subsequent to the registration of a case, is prohibited under the Cr.P.C. because an investigation in this regard would have already started and further the complaint against the same accused will amount to an improvement on the facts mentioned in the original complaint, hence, will be prohibited under section 162 Cr.P.C. However, this rule will not apply to a counter claim by the accused in the first complaint or on his behalf alleging a different version of the said incident. Thus, in case, there are rival versions in respect of the same episode, the Investigating Agency would take the same on two different FIRs and investigation can be carried under both of them by the same investigating agency and thus, filing an FIR pertaining to a counter claim in respect of the same incident having a different version of events, is permissible.

 

 

 



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

Is a CrPC 125 case an FIR?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 April 2012

yes. Husband can filed a criminalcomplaint or regd. a FIR aganist her if she is attempting to extort money from husband illegally by fabricating the false complaints/petitionsu/s 383, 384 IPC

 feel free to call

Siv (engineer)     19 April 2012

Dear Shonee Ji,

 

CrPC-125 is not a FIR ... Do you say that that SC citations only appplicable to the FIRs situations....

 

What are the ingradients required for filing the money extortion case... if those are present in the circumstances the party can file the case..... I believe it, please advice me.

 

Thanks.

Siv (engineer)     23 April 2012

Hi All,

 

I have filed criminal case against wife saying that:

 

Wife made defamatory and baseless and false stateemnts against me with intension to extort money from me illegally by causing the injury to me mentally, physically such that I agree her illegal money demands.

 

Court ordered for investigation by the police.

 

please sned your comments what police will do, will police say that allegations made by the husband are correct (wife version is false) or simply police say that case is not maintainable under section 384/385 read with 511 and 500 crPC.

Siv (engineer)     04 September 2012

Dear All,

As said above I fied money extortion and defamation case (U/s 385, 500 R/w 511 of IPC) against wife based on her allegations present in the affidavit in CrPC-125 petition.

Magistrate ordered for investigation. Police did investigation and filed closure report stating that the matter is pending before the court in Hyderabad and also some documents received in support of the allegations present in the complant BUT NOT ALL hence chareg sheet can not be filed against the Accused.

 

Kindly advice whether I can do the below:

 

1. Application to reject the conclusion of the IO in the final report without collecting the complete evidence.

2. Filing Objections in Magistrate Court praying take cognizance based on the evidence on record.

3. Order further investigation U/s 173(8) to collect complete evidecne and submit the report.

 

Kindly let me know the correct legal option for me to proceed.

Thank you.

 

Munirathnam (Scientist)     05 September 2013

Can't a citizen file counter case against the person who draggs the another citizen to/before court or public authority for the malafide/illegal intesions....which caused harm to the citizen ....?

 

If there is not remedy to the victim of the illegal act so then citizen then every citizen may approch the court with false cases to force the other party to meet illegal demands.....


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query