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Mukesh (propreietor)     11 June 2011

Threating to put False dowry case

Dear sir, Iam from hyderabad, my brother was married 7 yrs ago, and has a girl child of 4yrs. soon after marriage My brother's wife (Bhabi) tried to saperate my brother from our family by making silly fights within the family. But our parents didn't took seriously and tried to hold down the matter thinking time will make them understand. We anyhow managed this long time saving our family from breakage. Last month my bhabi suddenly dissapperared from home with out notice. We searched for her a lot as it was evening, as we knew the nature of her, we though she could go to their fathers house in rajesthan. And also lodged a missing complaint with police the next day. 

Their parents were informed. Fortunately Police people found her with some other guy 2days after she fled from home, at the railway station. as they took the statement of all of us. and the boy has put up behind the bars and leaved him next day. Now it was clear that she fled with some other boy, and as per the police request we informed her parents and told them to take her daughter. When his father arrived, we took him to PS and made them record his statement that he is taking his daughter with him. Till here everything was fine.

Soon they changed their mind and stater telling that you beaten my daughter since 4 yrs in such a way that her mental status is imbalanced and will charge a dowry case against us if we try to think of giving divorse. her daughter managed to chang the police statement somehow and recorded that his husband is beting her since 4 yrs, so she tried to go home to rajesthan without informing anyone, and the boy's name was completely removed who was with her, when police arrested them. may be they gave bribe to police and changed the statement. Now they are threatning us, that they will book a dowry case against us, we are all scared, please help us what to do. All our neighbours will support us, as they know everone of us since childhood. But she managed to gahter peopleof her village against us. and we are under pressure. 

We know we are on true path and never ever did any sin, GOD is there to witness, and you can help us find a way out. Please help  me save my brother.



 9 Replies

Advocate M.Bhadra   11 June 2011

Lodge further complaim to the police describing details facts and serve a copy to the S.P. and D.G.. In spite of that the Police would register the case as an F.I.R. then you may go to the High Court for quashing the said case.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 June 2011

Why did you not obtained the copies of police proceeding when you reported report of missing of your bhabhi and subsequent statements? Why did you commited a major sin?

Anyway, make representation to higher police authorities and demand impartial enquiry and take action against erring police officials involved in changing statements.

And if FIR under section 498A/406 IPC is lodged then again come to this forum and raise your query for further action detailing the facts/allegations of FIR.

1 Like

prashant pundhir (Criminal Lawyer)     12 June 2011

Dear,

          I have a totally different view from others in your case . Here attack is the best way for the defence ,but not direct attack on to your wife . Give a complaint against that boy of sec.497,498 I.P.C. If the police files your complaint,so far so good otherwise come to the court u/s156(3)cr.p.c. As soon as that boy will get arrest,he will open all the character of your wife and also by your indirect counter attack,your wife and her family members will come in to the pressure .

Secodly,you go to the high court for quashing the fir on the ground that 7 years have been past of of your marriage so d.p. act is not applicable and also that if you are beating her since last 4 years,what the action taken by her and her family members and what the complaints given by them .

Be sure,high court is very strict on this type of matters and certainly you will get the relief .

1 Like

Mukesh (propreietor)     12 June 2011

Dear sir,

First of all thank you for replying to my query. Actually we never had any issue police people, this is the first time, So we didn't  know that we should take a copy of the FIR and proceedings.  It was our biggest mistake, if we would have taken it immediately, then the case was completely in our favour.  But as past cannot be replayed, we have to suffer this. 

Dear Mr.Prashant , i am very much interested in your suggestion, but as the statement now with the police is that there is no boy with her, she was alone, and the boys name is mentioned nowhere in the complaint. but i have the recorderd tele conversation of Us and her father, At the time she found , we were happy and started telling all our family members that we found her. In the meantime we also informed her father that she has been found with some boy and is in PS. My phone automatically records all my phone calls, Will this be of any help.

And in the conversation he never said that you have harrased her for anything. he was cool and said he will take her daughter.  

As per your suggestion they cannot file a dowry case against us as 7 yrs has passed and they never lodged any complaint  on beating and never took any action, as we never beat her ever,  can we relax a little on this. Kinldy guide us through this. Thank you in advance.

Mukesh (propreietor)     12 June 2011

Dear sir, Please also tell me, if we can file another FIR stating that her wife is threatning to put dowry case against us if we try to give her divorse. Because we dont have evidence that she fled with another boy, how can we file another case for anything,  just to relax, peace of mind.

prashant pundhir (Criminal Lawyer)     13 June 2011

Dear Mukesh,

                         At least you have the name of that boy and it is well prooved that your wife remained missing for few days and recovered by Police . So the case automatically becomes suspicious .For the court u/s 156(3), any doubt or suspect is sufficiant . No need to produce evedence by you .Its the work of the police to investigate the case and to find out that boy .

1 Like

Mukesh (propreietor)     14 June 2011

Dear sir,

Thank you for your reply. You gave a little relaxation to me. So as per you we dont need to do anything and wait for their reaction.

Thank you.

nitin (marketing executive)     26 June 2011

DEAR SIR, I AM  NITIN KHAIRNAR FROM INDORE I COMPLETED 3 YEARS MARRIGE LIFE AT 28 APRIL 2011 BUT MY WIFE PUT A DOWRY CASE AGINST ME AND MY MOTHER . THE MATTER WAS I WANT TO LIVE WITH MY PARENTS BUT SHE DIDN'T STAY WITH MY FAMILY BEOFRE I ALLREADY LIVE SEPRATED FROM MY FAMILY 2 AND HALF YEAR  AT 18 DEC. 2010 MY WIFE GIVE BIRTH A CHILD (BOY) AFTER THAT I CAME BACK IN MY FAMILY . AT 20 APRIL 2011 MY FATHER ADMMITTED IN HOSPITAL DUE TO SUGAR PROBLUM AND I M STAY AT HOSPITAL FOR 2 DAYS  WHEN I RETURNED AT HOME MY WIFE  QURREL WITH ME  AND IN AGGER I SLAP HER JUST THAT SHE WENT OUT FROM MY HOUSE AND LEFT MY 4 MONTHS BABE IN MY HOUSE .I IMEGETLLY WENT TO POLICE STATION AND GIVE A N APPLICATION ABOUT MY WIFE LEFT MY HOUSE WITH ANY SAYING AND TAKE COPY OF THAT APPLICATION. BUT MY WIFE SAME DAY PUT A F.I.R AGINST ME AND MY MOTHER  WE DEMANDING 1 LAKH RUPEES  FROM MY WIFE .SO SIR HOW CAN I DEFEAT .AND HOW CAN I MEET WITH MY CHILD PLEASE GUIDE ME. BECAUSE MY FATHER IN LAW AND MY WIFE DIDN'T ALLOW ME TO MEET WITH MY CHILD SO PLEASE LET ME KNOW HOW CAN I MEET MY CHILD.

nitin (marketing executive)     26 June 2011

POLICE PUT CHARGE ON ME 498A/34/A/323


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