498a 304 b 34 ipc 3 4 act - case is charge trial set by in-law, pls help me...!
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Ms.X(spouse), is suicides, by hanging at her Mr.Y(husband) house for some problem at her office, she was getting blackmailed by her office made for what region, she has not disclosed and he also made her to addicted for some narcotic drugs by unknowingly to her. For this Ms.X has supporting docs bought from that office made place which is written by his own hand writing drug description how to use and it remedies. It is one of the dangerous drug and Ms.X, wanted to expose his office made blackmail thearting because of this i guess office made guy threat her lot she has taken this dangerous decision!
1)She has left the suicide note which clearly shows that Mr.Y "is got her as ever thing in her life, as friend husband. and she has mention she is not correct person in her life", but reason she not mention why she has suicides.(i can use this evidence at last point of the case or by i can submitted to court).
2)Id card of the office made whose was worked treated as friend and same person who wrote drug description in his own hand writing by this office made, in which all the residence address, mobile # etc., but guy is from different state he is absconding after this insist happen.(i cannot use this evidence).
3)I have solid bank statement were i shown money transfer to Ms.X, and i have brought her new two wheeler in her name,and credit card also given her from my primary as to her add on card to us.
My questions as follows:
My in-laws file case again me and my family
"498A 304 b 34 IPC 3 4 act - case is charge trial set by in-law is going";
I propose for compromised they were not agreed and now at time of trial evidence they are proposing for compromising demanding for 20 lacs, because i do have my small daughter taken owner by them, pls advice me i need to fight the case or go for compromise every day i facing tension full of life and currently terminated from my company because of long leave...!
Sudhir Kumar, Advocate
(Expert) 21 December 2011
Wife has died of unnatural cause if the marriage is notmore than 7 year old then the dowry death presumption opreates against you. You can read :-
[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation
For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
If you feel that death was caused due to some other reason by some other person you have to immediately file FIR against the said person. Seek you anticipatary bail from 304b arrest. Thenyou can think of future.
Devajyoti Barman
(Expert) 21 December 2011
Even if dowry death is not there but you could be tried for abetment for suicide or under section 498A IPC.
However there is nothing to worry.
AN initiation of case does not mean that you would be convicted.
Once charge sheet is submitted you go for quashing. It has good merit.
Deepak Nair
(Expert) 21 December 2011
If what you have stated above are true, then you can fight the case on merit.
You have sufficient evidence with you to get an anticipatory bail. As advised by Mr. Barman, go for quasshing once charge sheet is submitted.
Consult a good lawyer and don't play with your future.
Shonee Kapoor
(Expert) 21 December 2011
Rightly advised by experts, nothing much to fear about, if you can bear the initial shock.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 21 December 2011
Hello All,
I sincerely and honestly gratitude to you active reply to my major concerns, now i'm feeling bit tension free. I could get advice from expert's people in social helping media.
It was an incomplete story which I want further more details to know. I and my family all are on bail now, this incident happen almost more than 6 months. My in-laws harassed me and my family in harder way. Whatever I have stated is honestly i have stated promising on my God, because I never been to police station in my pass 30 yrs age and never smoke as cigarette in my life
My few question as follows:
1. My question in future I can file case against this office made guy, after I could out this case or not; in what section or this case will not valid once they have file against me as 498a, 304b, as a husband rights I am asking for this is any law avail, pls help me?
My lawyer not allowed me and my family to file the case against with office made guy, because he replied me we don't have enough evidence as if now to bring him on public board. "I have his drug diary with his hand writing and second his "company id card" which is found with wife's co-board, apart from this i was trying get her call tracker from Airtel phone # and it is prepaid #, they told it is not possible to get call tracker details. Apart from this by luckily; i have bought my wife Nokia 5800 phone in which I have wave secure software which help me to get, few message and miss call, outing, incoming calls i could found, as now this evidence avail to me and I have not personally contacted my wife office colleagues to get the details, my lawyer told me wait not go now.
2. I have few more question need to post it, please help in future…!
Deepak Nair
(Expert) 22 December 2011
You can register an FIR against the said person if there are sufficient evidences.
Pleas feel free to put a query any time.
Raj Kumar Makkad
(Expert) 22 December 2011
The approach of your lawyer is accurate at this time because case against you and your family is already going on and your lawyer has to take a definite defence therein and if you open another front, the limitations of your lawyer shall be minimised so do not make haste and first fully attend the case against you.
I am of the view that if the future of your daughter is secured by way of some amount and good relations are again established then you should try on this line.
prabhakar singh
(Expert) 22 December 2011
Follow guidance of your lawyer.learn to trust.
Querist :
Anonymous
(Querist) 30 December 2011
Thanks experts for your support and bringing me back for my confidence level to fight for justice.
Sole my heart I thanks and prayer for individual team member for this great support and guidance in legal crisis family forum.
Deepak Nair
(Expert) 31 December 2011
Thanks a lot,
Wish you and your family too a very happy and prosperous new year.
