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karan   16 August 2018

Wife disclosed how the cases were fabricated

Ok my case is bit peculiar. In short the background- Got married. wife had some behavioural issues. Calmly after having deep discussion with her in bedroom she disclosed that she was molested during her childhood days and was not very fond of her father who also happens to be a local religious head of a big organisation and a businessman. I confronted her father in 20 days  of marriage he denied anything and in 40 days of marriage the girl was taken back by her parents. 498a was threatned after 2 months with demand of money. My parents wanted to pay and get over for my betterment but I took a stand to not give and fight. After 1 yr of marrige DV was also filed and 11 months from the date of alleged DV. Got bails and everything from HC. 

The Girl who already was masters has been sent for another masters in australia the moment I got Bail with Special power of attorney to father from girl.  The 498a is at procecution evidence and no PW is ever present me and my parents go to the court every date but we dont feel much harrased as many times as we live closeby to the court. 

Suddenly one day I received a whatsapp call from my wife from australia after talking to me for 3 hrs. she everyday stared calling me from her australian phone and talking. I happen to be recording everything she disclosed how the cases were fabricated and how lawyers used to train her how she used to pay the police etc

brief transcriptt:

[00:20:47] wife

(laughing),, acha main matlab main crime kar rahi, baahir jaa k crime kar rahi hoon?

[00:20:53] husband

Nahin jaise tum jab yahan thi tab waise he tum ne build up kiya story to build up case.

[00:21:01] wife

To acha who wali kahaini.. haha pata hai kya hota hai lawyer matlab ek larki k case pe to time pura karta he hai k woh na aap se woh jo bhi events hue hain un ki dates aur thora buhat detail maang lete hain , aur phir us k andar he woh hamare he saamne matlab mujhe yaad hai k jab main aik do baar mili thi wo is ko aise ghuma k , Kehta hai k yeh legal baahsha hai yeh aap ko nahi  samajh nai ayegi to wo siraf  judges aur lawyers ko samajh main agai k humain konsi baat kaise present kar rahi hai taa k us ka kya message nikle aur iska kya result nikle. To I was like jo hota  hai woh hum nai likhte,hum woh likhte hain jo humain chahiye,

[00:21:48] husband:

Jo agar aap truth  likhoge toh it doesn’t come under the law.

[00:21:50] wife

To  sach ki koii value nai hai.

 

She was talking to me without the knowlege of her lawyer and father but when she told them all stopped but I had made all recordings till then. The DV case suddenly was pushed faster and dates were being given 3 days

I filed CDR records under crpc91 and her present residencial info as the court was never informed where she is so now the SPA has come on record and court is informed that she is abroad studying and dependent on parents.  In response to CDR crpc91 everything is denied bluntly. 

My wife has a soft corner for me as she knows the reason for the whole cases but cannot be trusted to give statement against her own father though in my written reply I have mentioned little bit about it but much more concentrated about saving me and my family 

Now My QUESTION IS

Can i file a complaint against my FIL, MIL,Lawyer, wife  under 120B, (suggest a FEW sections) using the above recordings as in my case the stage is interim maintance arguments and thats kind of like my only major battle left?

 

I happen to have very good evidences against the false complaint even before the new recordings can i move an application under section 203 to stop the cases further or this section is only for the majistrate to use and no application is entertained?

I have very good evidences against them and they have none . chargesheet is also without much stuff just bills for 406.



Learning

 3 Replies

Kanishk Khullar   16 August 2018

You can approach the Hon'ble High Court under section 482 of the Code of Criminal Procedure,1973 for quashing the 'False Cases' against you.

Under section 482 of Cr.P.C., the Hon'ble High Court has inherent power to quash the False Cases filed before it or before the Subordinate Courts;
Once you will able to prove that those cases which have been filed against you are false before the Hon'ble High Court, the High Court will quash all the False Cases against you.

After which you can file a criminal case against your in-laws under section 182 and 211 of Indian Penal Code, 1860. for falsely implicating you with criminal charges.

You can also file a complaint against the lawyer at Bar Council of India for his Professional Misconduct for which his license to practice can be canceled.

You can also file a Criminal Defamation case under section 499, 500 of Indian Penal Code,1860 against your in-laws for tarnishing your image in Society.

or you can also file a Civil Defamation for claiming compensation from your In-laws for tarnishing your image and mental harassment.

for further details, you can refer to my article by clicking the link below;

https://www.legalserviceindia.com/legal/article-220-augmentation-of-false-firs-what-are-the-different-remedies-available-in-indian-laws-against-false-cases.html
1 Like

karan   16 August 2018

Thanks for your reply but prcatically speaking when the trial is going on does  the highcourt quash the fir easily . As per my understanding practically the courts do not quash untill there is jurisdiction issue else max they order speedy trial but ask the respondent to face the trial and get aquittal. I want to put my efforts in the direction which would have high probility of success in practical court else i would be burnt out financially and mentally without much outcome and delay the proceedings happening in the lower court. 

Kanishk Khullar   16 August 2018

High Court has the power to quash the FIR at any stage ...
if you have prove of innocence you can get the case quash from the High Court irrespective of stages of trial.

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