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498aindian (other)     20 November 2013

plz help Another victim of false 498a and dp 3&4

dear experts, I need your valuable suggestions and guidance.

 

Case: Wife filled private complaint U/s 498a,323,406,506 and Dp 3 & 4 before lower court. Allegations She made: we have demanded Cash of 10 lac and a car.Since first night husband was torturing her and starved her for food,all family members of husband beaten her for demand of dowry. Husband had threw her out from home at night and all are asking her to go for suicide.which all allegations are false and filed on retaliation.

 

Prior case detail: before filling wife approached caw cell but they have not registered complaint due to her false allegations known by all.In-laws wanted to grab husbands property which is not on his name as all assets and properties are on the name of his parents and after few days of marriage in-laws started threatning and wife also shook hand with her parents to extort money. When husband and his family objected her in-laws malafide intentions ,they always threatned to drag husbands family into dowry and other criminal cases. 1.Husband had already filed private complaint of illegal tresspasing,extortion and breach of peace and danger of grave injury from them after knowing his in-laws bad intentions prior to her case.

 

Status of husband case: examination and enquiry.

 

2. Husband had already filed RCR but after recent development of sever menatl cruelty he wants to withdraw his case and want to file Divorce on mental cruelty facing till now.

 

My query: 1. How to get Ab when 498a is filed as priv. complaint before court and summoned had not reached yet at husbands place?

 

2. How to prove that dowry has not been taken which they have alleged that they have given 10 lacs in cash. As they have not given any thing except 3 lacs for purcahsing of jewellery for her daughter through cheque , which has been already purchased and delivered to bride at the time of marriage.

 

3. DO we wait for summon to reach and appear before court on asked date and secure regular bail?

 

4. In her complaint only A1 AND A2 had been asked for summon after fulfilling the requisites from complainant within 15 days and all other 3 accused has been eliminated due to insufficient proof. So, my question is this a fit case for quash U/s 482 crpc as all allegations are vague and witness of wife contradicts with all her allegations and other accused has been already accquited due in sufficient proof.

 

5.Can we get AB and get accquital As i have proof of threats from in-laws in mode of sms and previous NCRs and pvt. complaint filed by me on them prior to her case on us. even I have given 3 Ncr complaints of their threats and conspiracies in local PS and HRC earlier. Do all these will help in securing AB or bail?

 

Dear learned counsels ,plz help me to make strategy to to fight against her extortion and oblique allegations. I shall be obliged to all.



Learning

 2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 July 2014

you need not worry...as u are secure with the latest judgement of Hon'ble SC. For further query u can call me at 9871158578

Manoj Kumar (Software Proffession)     11 July 2014

Dear 498Aindian

Swami Vivekanand said " All the strength with in you, do not be afraid"

If you are honest than nobody can heart you. Just keep patience and fight the case.


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