Crpc 340
Alpesh Makkampara
(Querist) 05 March 2016
This query is : Resolved
I am fighting 498a. I am a accused. Case is on evidence stage of opposite party. My MIL cross has been done.
My MIL,FIL and BIL had come with police to take stridhan (IPC 406).My wife was not come with them.
We have handed over stridhan in presence of police with notarized paper of 100 stamp. There were two 100 stamp paper notarized regarding this. One is with them and other with us. This stamp paper was signed by MIL,FIL,BIL and two relative of her at our home. And my wife had signed at her home(parent's home). We had also taken photograph of MIL,FIL and BIL signing stamp paper. In this notary, mentioned statement is that my wife has taken all the ornaments of gold and silver with her before leaving our(accused) home. And she has the key of cupboard with her which her parents left at their home. So we had broken the cup board and handed over all the other thing in the presence of present people.
Now during cross my MIL is accepting that she had read all the truth in paper then signed it. But she is not accepting that
1.my wife has taken all the ornaments of gold and silver with her before leaving our(accused) home.
2. she(My wife) has the key of cupboard with her which her parents left at their home. So we had broken the cup board and handed over all the other thing in the presence of present people.
After that my lawyer asked my MIL that have you lodged complaint regarding this false notary. She had denied.
My wife's corss had already been taken in 125 in which she had accepted above notarized stamp paper.
Cross of other witness including my wife is pending.
Can i file crpc 340?
Thanks in advance.
Devajyoti Barman
(Expert) 05 March 2016
No case u/s 340 crpc lies under this circumstances.
Rajendra K Goyal
(Expert) 05 March 2016
You should defend the case against you on merits, this has negligible merit for 340 CrPC.