**Vikram** (Managing Partner) 16 February 2012

Ipc 406 not there with 498a

Dear All,

I see a lot of discussion regarding IPC 406 these days in the forum, I thought of clearing my doubts..

In my 498a, section 406 is not there, only 498A and 506 are there...this means that they have not given ne anything or I have not misapproprited with or have anything, that they have given me at the time of marriage..

There is no component of DP act in the complaint....

But in the DV act, they have given huge list of gold and other things..the cost of which have added up to..around 25 lacs..and are saying in the court..that I still have a lot of things and they want it back..or else they want cash..

DV was filed 2 months after 498A was filed...(it took them a lot of time to concoct)

Can I, show to the court that since IPC 406 is missing, all the bullsh*t that has been written in the DV complaint is all false..will the court agree??

Awaiting your comments..

Vikram

Reply Follow

11 Replies

Never Give Up (Fighter) 16 February 2012

Hi Vikram,

Even in my case its same situation however no DV yet..so i guess they might be busy in drafting DV petition :-) ..

Regards

A1(498A)

Never Give Up (Fighter) 16 February 2012

Forgot to mention no demand of dowry/valuable items in 498A FIR ...

**Vikram** (Managing Partner) 16 February 2012

Yes, I am surprised..not even a single word...of dowry..is mentioned...in the wife's complaint..and even in the statements by her parents and relatives...u.s 161 not even a single word mentioned...

All the statements, are cut and paste..even the words..the paragraphs..everyting is same...except their names and adresses...

Never Give Up (Fighter) 16 February 2012

Thanks to creative writers working in police :-)

There is one discrepancy in statement spoken and written u/s 161. One of my relative's statement was mis interpreted and written against us. How can we rectify this ?

Please suggest.

Regards

A1(498A)

Chaitanya_Lawyer_Mumbai (Lawyer) 16 February 2012

@Never Give Up

You have a good case of 498a Quash if there is no dowry demand allegations in FIR.

There are other sections in IPC for physical & mental harassment in which FIR should have been made.

@Vikram,

Legally,it is a persons liberty to lodge a complaint of IPC 406 whenever he wants,if his property is in the hands of somebody else.It will not help in Quashing either.

So you need to fight both 498a & DV on merits.

You can mention in your DV reply, that she could have lodged IPC 406,if the property was really in my hands.

In reply,she can file fresh FIR in IPC 406.

Never Give Up (Fighter) 16 February 2012

@Chaitanyaji,

Sections mentioned in FIR are 498A,323,504,114. Is my case still fit for quash after considering this sections ? Please suggest.

**Vikram** (Managing Partner) 16 February 2012

If there is no dowry demand..then my FIR is also liable to be quashed....not a single word in the FIR...in DV I have replied..and judge ordered interim maintenance and the same is in the sessions court u.s 29 of the Act...and pending for the last 1.5 years..

I have also filed 239CrPC...for discharge since there are no dowry allegations...

Lets see..

Regards,

Vikram

Chaitanya_Lawyer_Mumbai (Lawyer) 16 February 2012

@ Never Give Up

HC will order for 498a quash & trial in other secions will be maintained.

bail498 (Junior Advocate) 18 February 2012

Dear Vikram,

Where you have filed Crpc 239 i.e in sessions court or HC?

**Vikram** (Managing Partner) 18 February 2012

239 CrPC has to be filed in the Lower court itself...with this your raise objections to the charge sheet...

If you feel, that by just glancing through the complaint and the FIR, 498a is not brought about, then you may raise objections by filing section 239 CrpC in the lower court..

Generally lawyers will say that discharge will not happen, it is also correct that discharge is not easy..it only happens when there is not even a single allegation, which points towards 498a..but you can try..

File a very strong and technical application..technical means, supported by at least 15 SC judgements....make it so technical that the Judge will also think 10 times before passing an order..

In my case, the 239 was filed in May 2011..but till date, the prosecution has not filed reply...and i feel the jduge will be very very apprehensive in passing a judgement (whether for or against you)..because he will know that since you are so technical, you will appeal in HC in case the judgement goes against you....

So go forth and file an 239 if not a single word of dowry in mentioned in the application...

Regards,

Vikram