Hello Forum,
Need help and suggestions on below context:
Brief details: I’m accused in a false criminal case charged with punishable offences u/s IPC 498a, 313 and DP3. Charge sheet was filed and its current stage is “case sent to trial court for numbering” – charges are yet to be fixed.
FIR with 498a/313 and DP3 – filed on March 2010.
Charge sheet filed in court on Aug 2010.
This 498a girl who filed this false case is highly educated, M.Tech and works in a reputed MNC earning 70K per month.
I have filed RTI’s to many including Govt hospital. All gave favorable replies. CID enquiry also happened in my case and she said a compromise was arrived. This stmt was recorded explicitly in CID final report submitted to DIG and DGP office. CID also filed final report in my favor; since I filed almost 8 RTI’s and all RTI replies nailed her lies completely upside inside.
Compromise was arrived between elders in Feb 2011. As part of compromise I have agreed to settle this matter by giving back her cash of Rs. 2 Lacs + marriage expenses = Rs. 3 Lacs. They wanted this amount as cash – and accepted to take this only after completing all formalities i.e., Quashing of FIR in HC or in Trial Court (whichever is faster) and only after MCD 2nd motion is complete.
This Rs. 2 Lacs shld not be treated as dowry – it is gifted to me by her parents. Pls do not read this stmt as my convenient stmt – I earn about 80K per month, so I would not be greedy for miserly Rs. 2 Lacs dowry. Infact, I have also admitted the same to CID police and gave them this written stmt about this 2 lacs cash. I told DSP – CID that this Rs. 2 Lacs cannot be treated as dowry – since gifting is just a custom in many marriages and it is given voluntarily by bride side. So they cannot conclude this Rs. 2 Lacs as dowry and CID dept agreed to this explanation of mine.
We sometimes tend to have some prejudices, so clearing some misconceptions on some ppl may arrive about difference between dowry and streedhan.
Now as part of Confidence building measure – My father has given them a comfort cheque of Rs.3 Lacs. This cheque contains his signature and this Chq instrument is from his banker. This Chq is drawn in name of a mediator and not this false 498a woman.
You guys must say this and it's also a fact – we gave this chq under coercion – this settlement was done under threat of this false 498a, misused and abused by this 498a wife.
Same month, i.e., Feb 2011 itself we both filed MCD in family court and 2nd motion date was given in Aug 2011. I delayed 2nd motion in Aug bcos she did not go to HC for quashing 498a case, also there was very little moment in trial court on 498a when Aug 2011 came, so family judge again gave 2nd motion date in Oct 9th 2011. In Aug 2011, when 2nd motion date approached – Family Judge marked both of as absent and gave adjournment date in Oct 2011 again.
Now here’s the problem and mainly my mistakes:
There was no compromise deed written between both parties when filing for MCD. It simply contained an affidavit in MCD 1st motion that she has withdrawn all her allegations and settled all her claims. (Exact words as mentioned in both our affidavits).
This signed MCD affidavit by both of us also does have neither any mention about 498a criminal case nor any police case.
I did not allow writing this in MCD bcos I felt – her past rash actions then, will continue to haunt her future. Next time if she wants to get remarried – the next guy will look at her police case and go back. I thought let her lie to live.
Today, I admit, I was a complete fool thinking my way that she might have regretted her rash actions. Never will a dog’s tail become straight.
This time in Oct 2011 I went ahead and signed MCD 2nd motion. MCD 2nd motion affidavits are same as affidavits signed by both us in 2st motion. In fact, as part of procedure of counseling before 2nd motion of MCD, Family Judge asked us reasons for divorcing. I simply stated – Ego, Arrogance and Ignorance are reasons for this disaster recipe and that she also filed false 498a case against me and my family.
MCD decree was passed by judge same day. Judgment order copy is expected in Nov 2011. I do not know if the Judge will put this finding of 498a (though not mentioned in both 1st and 2nd motion MCD affidavits) in the final Judgment copy we get in Nov.
Now, without our knowledge, this wolf 498a girl side has deposited the chq (given by my father to an elder, who was a mediator as comfort chq) in bank on the same day of our MCD, i.e., in Oct 2011. Apparently this mediator – b*st*rd had joined hands with this false 498a gang and is eager to upsurp this money.
We got a call from the bank manager, the next day when it came for clearance and accordingly we instructed our banker to issue Stop Payment this chq with comments’ – “Commitment not fulfilled”. There was also not that much money lying in bank at that time when this chq hit my father’s bank.
This false 498a girl side presenting this chq in bank without closing the pending 498a case is wrong. And I understand this comes under 138 of NIA, though the circumstances under which this chq got issued are different. But my father does not have any legal debt or financial liability against this mediator, on whose name this chq was given.
My precise questions:
1) Can I file a 420 case against this mediator?
2) This 498a girl is also aware of this 3 Lacs chq – if she was aware why did she not insist on putting this money as settlement in both 1st and 2nd motion MCD affidavits and conveniently avoided it? How to put this point across?
I suspect this 498a girl doesn’t any role in this new chq deposit and it could be the handwork of her selfish father and relatives waiting to feast on her salary. Admittedly, she filed this 498a case upon instigation from her parents and relatives. She was totally ignorant of outcomes of filing a false police compliant.
I do not fear about that 498a case hanging like a Damascus sword on my head. I hope that criminal court will fully appreciate evidences from RTI and CID final report. Also given fact that this 498a girl also gave nod to compromise memo filed in the existing 498a case – stating as defacto complainant she has compromised this case against all accused and also stated that she had filed for MCD and is pending in family court.
I wish to gear to fight this new twist – foreseeing a large plot behind this chq issue. I want to make them kneel down and plead me – not mistaking my kindness to her as weakness.
Appreciate if this forum can advise me on next steps.
I owe a lot of my fight for justice to this forum and hope the same forum again comes to my rescue.
Albeit today, I deeply regret my “EQ” emotional foolishness while closing this case. I simply wanted to amicable close this case w/o destroying this false 498a girl life - though she damaged my life and my family members, though I am deeply saddned by her irresponsible acts .
Forgive and Forget was my motto.
But today, There must exist no trust when no faith remains.
Thanks a TON forum. This forum is doing an amazing job of creating hope to live and fight for self-respect. We innocent ppl have not pledged our lives and souls in hands of these irresponsible lunatics. We will stand and fight injustice.
Not to forget, Please help me.
