Section 498, 376 and 377. case is not moving.
Querist :
Anonymous
(Querist) 26 May 2018
This query is : Resolved
Sir,
My case -
My wife has made false allegation on me under section 376, 377 and 498 on me.
Similar section 376 and 498 was charged on my brother.
Section 498 is imposed on My Parents, brother's wife and Uncle.
My wife's medical report is negative and there is no date mentioned for any event in the FIR.
FIR is registered in her hometown while as per FIR these event took place in other cities.
They have just bribed the police and get the FIR done as per their wish.
FIR has lot of framed stories in one go like my brother raped her, I did un-natural sex, my parents beaten her and tried to kill her, we kept asking for dowry and tortured her, I tried to get her raped by my two friend and then made a video of same and black-mailed her etc.
Except me rest all have got proceeding stay while I have got the bail. For bail, I have got the instruction from Supreme court.
I have also filed a divorce case which is in process.
My Question-
Me and my brother have the same charge sheet. We tried to quash this charge sheet in Allahabad High court.
As a result, High court has given proceeding stay to my brother and nothing to me.
So in the lower session court, where this case is being heard, my case is not moving ahead because in the same charge sheet one has got the stay and other has not.
My wife and her family never attended any hearing and we always get a new date.
Now my worry is because of this case I am not able to fly abroad as my job demands it. Also I am not able to switch my job because I fail in background verification. So my carreer is on toss until this case closes
Please suggest me what can I do to make this case reach the decision quickly?
Thanks
Best Regards
Sudhir Kumar, Advocate
(Expert) 27 May 2018
@ Ms Kamakshi.
I really want to enhance knowledge.
When criminal cases are filed the how divorce (MCD or contested) or even nullification of marrige will help him?
Will the criminal charges extinguish merely by divorce?
If she agrees and writes that the allegations were false still then whether these sections are compoundable?
Ms.Usha Kapoor
(Expert) 27 May 2018
Go for MCD and Pay her handsome alimony. If she left your company without reasonable cause pay less alimony. Courts also approve this.You pay Alimony on the condition that she withdraw all her criminal cases including 377, 498 A etc against you.Pay her Stridhan under sec 406 otherwise you will be liable for criminal breach of trust.
Querist :
Anonymous
(Querist) 27 May 2018
But she is not agreeing for divorce. She want to extend it as long as possible.
Is it advisable if I can go with section 499/500 against her?
or if any similar response to her false FIRs.
Because she knows that her FIR is all wrong. This may let her to think about going for a settlement.
Please advise.
I knew I am right but I still fear the laws and police in Kanpur (her home town, where this case is heard in a session court)
Her mother being a politically connected person has a good influence over many things.
One example of this is, I had a clear instruction of 'same day bail to be given' from Supreme court but session court judge delayed it for 4 days and I had to spent 4 days in jail.
Querist :
Anonymous
(Querist) 22 July 2018
Usha Kapoor Mam, why are you repeating the same answer 8 times?
Its not a fair way.
K Rajasekharan
(Expert) 22 July 2018
An easy and practical way to faster resolution of such a case is to enter into a compromise with the other party, if possible. There are many techniques well known to the court and the lawyer to settle a fake rape case even though it is not compoundable and not possible to settle according to the words of law.
In Hussain Ara khatoon vs state of Bihar (https://indiankanoon.org/doc/1373215/ ), the SC held that speedy trial is a constitutional right and justice delayed is justice denied. The order says State is under a constitutional mandate to ensure speedy trial and whatever is necessary for this purpose has to be done by the State. It added that It is also the constitutional obligation of this Court, as the guardian of the fundamental rights of the people as a sentinel on the qui-vive, to enforce the fundamental right of the accused to speedy trial by issuing the necessary directions to the State which may include taking of positive action, such as augmenting and strengthening the investigative machinery, setting up new courts, building new courthouses, appointment of additional judges and other measures calculated to ensure speedy trial.
So you can explore whether the above order or similar orders are of some help in your case. One can make a request or an application to the trial court itself for speedy trial.
In some cases, a Writ in the concerned High Court may help in getting an order to expedite the trial.
If you have enough money you can try for transfer of the case to some other location citing the influence of the other party.
You cannot file a case for defamation or malicious prosecution unless you get a clean acquittal on merit.
Anyway there is no straight jacket formula for speedy trial. You will get an early acquittal or otherwise if you are lucky enough.
Guest
(Expert) 22 July 2018
You have several serious problems to face, but I wonder, why you preferred to take some free casual type of advice at this forum instead of personally getting your case discussed at length with some very experienced and talented expert? Even otherwise also, you have not discussed, what is the opinion or advice of your own lawyer about the steps to be taken for speedy settlement of your case. ANY SPECIFIC REASON FOR ALL THAT?
If you wish to take advantage of constitutional right of speedy trial. forget that, as that is kept restricted in the Constitution of India only, not practically possible, except in political issues on tussle for power The examples of fastest trials in power games at political leaders of Uttarakhand and Karnataka states are well known. Cases of common folks take decades for settlement through courts of law. Once you go for trial forget about your convenience, comforts and requirements of your service or family.
Only conventional route for settlement depending upon collective wisdom of yours along with your family and reliable friends in association with some third impartial party can ensure speedy solution to your problem.
Rest depends upon your own wisdom.
K Rajasekharan
(Expert) 22 July 2018
No advocate eligible to be one, or with minimum understanding of legal and judicial processes, would ask you to reveal what legal advice your advocate gave you or what has been transpired between you and your counsel and post it in open on a public website in such a way that the crux of your discussion can easily be made use of by your opponent in their strategy building for an easy win. The discourse between a client and lawyer is one in private domain which need not be revealed before a court even.
And if anyone advices a layman query-seeker that the fundamental and legal rights enshrined in the Constitution are things that remain in paper and not in courts of law, then the only thing you can infer from it is that the advocate does know nothing about the legal and judicial framework and processes in the country.
Even if you have multifarious problems of severe nature and an outstanding lawyer for your advice, it is always better for you to discuss your doubts with less learned lawyers in open forums like this so as to draw some casual inferences for you so that you can have a well informed discussion with your learned paid counsel. If so the quality of your discussion with him would not veer round the elementary things which you learned from such forums resulting in quality end result.
Therefore discuss your doubts here, get the responses from less learned lawyers and go to your paid counsel in opacity and draw your strategies in private without revealing it here.
At the end let me say ignore who come and make comments casually and insinuate some others. There are some non-poisonous advocates of no consequence here, but they have an itching urge to interfere in every thread for no purpose.
Guest
(Expert) 22 July 2018
That is the problem with some lawyers that they don't want the querists to get comparative views for their satisfaction, thinking as if only their individual opinion should be considered to be the most useful advice.
Moreover, if nothing is discussed about the opinion of own lawyer of the querist, how it can be judged whether the advice of his own lawyer is correct or not as per the law of the land and how a layman can know whether his lawyer is doing his job sincerely and in the interest of his client.
However, the querisit is quite free to ignore my opinion/ view in order to satisfy the expert, who advised him to do so in the previous post.
