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Gaurav Kumar   24 June 2018

False cases of 420/406 before marriage

2 months before my marriage, I had to break alliance with a girl because of her obstinate and abusive nature. Just because i shared her number with a female cousin of mine she accused me of invading her privacy and threatened to send me to jail. I still tried to sort the matter but she was not ready to aplogize for her behavior and threatened me to call off the marriage. Fortunately i recorded that complete call. After that with consulting with my family and friends we decided to call off the marriage as even engagement or no social ceremony was done(infact i had met the girl personally only once and there is no picture of us together). Once we called off the marriage, the girl's family started intimaditing and threatening us. The girl's father along with 3-4 people came to my native place when my mother was alone. Fearing this, we informed local police and also made a diary entry after a few days. We are from Jharkhand while the girl's family is from Siliguri. 

Few weeks later I got a call from a mobile number and the guy claimed that he is SI from Siliguri police. He asked me to come down to the police station. I ignored the call as any random threat. 2 months later, that same police guy sent a police notice through wireless to my local police and asked me to appear within 7 days for investigation. We hired a lawyer and pulled out the FIR where the girls' father has false accused us to take Rs 5.5 lakhs in cash and and accused that I was further asking for Rs 10 lakhs dowry, so they cancelled the marriage. The police is still sending further notices and harrasing my relatives too by calling them. The girl's side has not given any proof for this accusation and we belive the police has been heavily paid to put pressure on us. The girls family has also filed a civil suit for further asking Ra 20 lakhs(which includes 5.5lakhs, + 10 lakhs for his fantasy expenses and another 5 lakhs for torture). Every item they have mentioned in the case is blatant lie. They are rich and trying to use their money power to disturb and harass us. My lawyer has filed Anticipatory bail petition, but its pending for more than 20 days now and I am not sure what the output would be. My family is disturbed. Are there any learned peope here who can help me out and get me relief as soon as possible.

The biggest hurdle is distance from my native place to the place where the case has been filed.



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 June 2018

Sir, 

 

Approch the High Court under section 482 Cr.P.C and seek directions. 

 

https://kapilchandna.legal/2018/04/24/what-to-do-when-io-calls-in-498a-cases/ 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 

Vijay Raj Mahajan (Advocate)     24 June 2018

The FIR is registered against you and the investigation of the police is going on, you have been served with notice by IO of the police but you are ignoring the notice, not appearing before him.

In these circumstances the chances to get anticiparty bail will not be so easy.

The chance of getting the FIR quashed in the High Court filled u/s 482 Cr.P.C is also not easy and will be dismissed with the present facts and circumstances as disclosed.

You should appear for the investigation before the IO and record your evidence u/s 161 Cr.P.C wherein you give your reply to the charges levied against you.

Gaurav Kumar   24 June 2018

We seriously doubt of being arrested because the IO seems to be biased and paid off by the girl's family. That is the reason we are seeking Anticipatory Bail, and we are ready to appear before the IO if we have AB which assures us of no unnecessary harassments by police. Can IO harass us when the girl's family has not provided any proof what so ever of the claims they have made.

Kumar Doab (FIN)     24 June 2018

You can benefit from above..

Hope you have engaged a very able senior  LOCAL counsel of unshakable repute and integrity specializing in criminal/Family matters   and well versed with latest citations, LOCAL applicable rules/laws/revenue codes … and having successful track record…. and worth his/her salt…..

 

Either ask your present counsel to find a very able senior  LOCAL counsel of unshakable repute and integrity specializing in criminal/Family matters   and well versed with latest citations, LOCAL applicable rules/laws/revenue codes … and having successful track record…. and worth his/her salt…..

Or find yourself with the help of your relatives, well wishers, colleagues, Ngo’s, Men’s help groups..

at other location

and discuss in advance and in person….

And arrange to defend your interest…

Navneet Sharma   24 June 2018

Hi Gaurav, Seek Anticipatory/Notice bail as the case may be. Section 406 IPC has technicalities in it, the person(complaining) needs to show that the cash has been given by him and if any article has been given then it's payment has been done by him. Section 406 IPC stipulates 2 conditions i.e. (1) entrustment of property and (2) it's conversion to own use. As it is a criminal charge strict proof of evidence is required which be beyond reasonable doubts. Hence hard to prove. It is common practice in India that the monetory dealings in marriage are not done by cheque/DD/Bank transfer, which will benefit you. Also please note that criminal cases are based on the chargesheet filled and investigation report by Police. If the other party does not give enough evidences then Police may remove that section. You can also go to High court as per section 482 CrPC. But that will be a costly affair.

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