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Dev (NA)     23 January 2015

Ips sections for threats of suicide and dire consequences

(In May, 2014) Wife, her mother, her father, and their friend had forcefully entered the husband's house located in Rajasthan. They all used abusive language and threatened the old parents and married sister of the husband of dire consequences. Crossing all ethical boundaries, their friend demonstrated his evil intentions and misbehaved with the husband's sister whose one foot got a bit injured too. Her clothes also got a tear when he was pushing her back.

 

The wife was also demanding 25 lakh. If not paid, dire consequences would follow, she said.

 

The above criminal incident was reported to the area Police Station in Rajasthan but the husband's family was only kept in the dark whenever they enquired on the status of the complaint / FIR. They were told that an FIR was registered and investigations were in process but they were not given any FIR number or a copy thereof.

 

 

The aforesaid criminal deed of the wife and her aides attracted a case to be filed under different sections of IPC some of which I am mentioning here: [1] 448, [2] 506, [3] 34, and [4] 384.

 

Can you please cite what other sections are involved in this matter? The ones I have mentioned are looking appropriate / relevant here?

 

Please also consider this matter further:

 

The police says that only the wife's parents and their friend were made to sign a bond of not breaching peace for 6 months. In their language: "Shaanti bhang na kar sake is baabat unhe paaband kiya gaya 6 mahine ke liye." But the police did not include the wife in doing that.

 

Why did the police not make the wife sign such a bond? And was the action of police complete and genuine at all? They did not lodge any FIR and just did that 151 thing.

 

She has been disturbing the husband and his sister whenever she gets a chance. For example, she calls up and says she will commit suicide if she was not taken back. She has already got her husband jailed on the virtue of 498a and the case is going on for over 11 months. The husband has been bound as not to contact her by any means till mid Feb. 2015. So she is trying to pressurize her husband by threatening him of committing suicide and is saying that she wants to come back and did all those things because of her parents. The husband has been cool while answering her phone calls and has said that she can always come back on her own but he would not go to pick her up.

 

It has been observed that when she called her husband she was already at the local police station and had planned it with the help of police only because she did not have the contact number of her husband as he had changed his number and was using only his official mobile phone which is not registered on his name and this number is not even known to his friends in his home town where his wife also resides. 

 

The calls were received in Delhi by the husband and so he approached the local police in Delhi where his complaint has not been converted into an FIR till date. She gave threats of committing suicide in December in order to ask her husband to pick her up so that the police could arrest him on the basis of breach of 151 under which they had booked him 5 months ago stating that he would not contact her by any means and would not meet her in person.

 

So, what sections of IPC or Cr.P.C. are involved when the wife is threatening of suicide on the phone? She also gave threats of getting his sisters kidnapped and harmed. 

 
 
Please help with the IPC / Cr.P.C. Sections involved in these matters so that the petition / application can be prepared to be placed in a district / session court in Delhi as the police is not helping at all.


Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2015

It is beter to take the help of a local lawyer and move a application u/s 156(30 of cr.p.c. before the MM court in Delhi within your jurisdiction giving the facts, your advocate will qote the appropriate section of law in it.


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