Dear Learned LCI members,
Thanks for your time for reading the details.
Below is the case of my friend in Nutshell. Could you please adivse what options the
Husband is having in order to save himself from False 498-A?
1) My Friend's wife voluntarily left the matrimonial home as there were some quarrels between him and his wife.
These quarrels are NOT at all related to DOWRY OR ADDITIONAL DOWRY.
2) His wife and her Parents Kept quiet for 8 months and so also my friend ( No communication in between both parties in anyway in these 8 months)
3) To break the silence my friend sent lawyer notice to his wife after long silence of 8 months seeking amicable settlement of issues.
4) The Matrimonial Home ( Husband's Place) is in City X but the Wife's Parent's Place is 800 K.M farway from City X ( Say City Y).
5) Wife is staying in her Parents Place i.e. in City Y after she left the matrimonial home.
6) After receiving the notice from husband for amicable settlement, wife sent a reply notice with all
false allegations that there was an additional dowry demand from Husband and in-laws at Matrimonial Home ( City X ).
There is NO mention of Harassment at her Parent's House i.e in City Y in her reply Notice.
7) After 15 days of sending the reply notice wife files false 498-A against Husband and in-laws in her Parental City (i.e City Y).
Even in that Police Complaint also there is NO mention of the harassment in City Y.
8) Husband and in-laws gets Anticipatory bail for 498-A Case filed in City Y for two reasons :
a) The Alleged Harassment by the Husband and in-laws is in the Matrimonial Home i.e. in City X and
there is NO Mention of Harassment in the Complaint in City Y where the Case has actually been filed.
Hence there is no Jurisdiction for the Police to accept the complaint.
b) There is a long silence of 8 months before the 498-A case is filed from the time the wife left the matrimonial home
which is un-explained.
9) Now after 4 months of Getting anticipatoy bail by Husband and in-laws, Police files a Charge Sheet in A.J.F.C.M Court and
in the Charge Sheet it was mentioned by the SI that the offence took place also in City Y ( which is wife's Parent's house )
along with City X. Hence according to the SI, the Police in City Y has got Jurisdiction to take-up the Case.
It is clear that the wife and Police colluded together after Seeing the Anticipatory Bail and as a Post development of the Case
they added a new caluse that Offence took place in City Y also.
To prove the case of the prosecution Police investigated witnesses who are none other that the wife's family members
( mother, father, Paternal Uncle and one person who has grown up like a son in Wife's family but he is outsider)
and recorded thier 161 Cr.P.C Statements
NO Niegbours in the Vicinity of Matrimonial home in City X or in the vicinity of the Wife' Parental Home in City Y were examined
by the Police.
In 161 Cr PC Statemets the witnesses ( wife's mother, father & Paternal Uncle) added that my Friend came down to City Y
and demanded additional Dowry and beat his wife in-front of them in thier House.
Also the same witnesses before Magistrate are also telling that the offence Continued even at City Y.
Finally the wife's side colluded with the Magistrate and my Friend in Convicted in 498-A.
In the Judgement of 498-A it was written regarding the Jurisdiction ( continuing offence at City Y ) which was earlier NOT mentioned
in the reply Notice from Wife or in the Police Complaint given by the Wife for registering 498-A Case that
"Police Complaint is NOT an Encyclopedia. It need NOT contain all the minute details, From the Prosecution witnesess,
it is clear that the Offence Continued even at City Y. Hence Husband is Punishable U/S 498-A"
Also in the Judgement, the Magistrate is Saying that the Person who has grown up like a son in Wife's family is the
INDEPENDENT WITNESS and there is NO Need to examine any Neigbours in the Vicinity of Matrimonial Home or Parental Home.
Is it Valid to add such things to gain conviction which were not mentioned in the Original Complaint and Say that Original Complaint
is NOT an Encyclopedia?
Now my friend moved to an appeal against his conviction.
Could someone please enlighten what are the remedies available to him in such a case to prove that he is NOT guilty?
Thanks in advance.
Regards.
