406 ipc
lalit kumar
(Querist) 01 September 2012
This query is : Resolved
my wife commits suicide and my in laws files a false case and i m and my family trialed under section 498a and 304B ipc. we all been acquitted by trial court. but now my father in law blackmailing me by sending some notice regarding returning of gift at the time of marriage also asking some such item which were not given. my question is he has his legal right over those gifts given at the time of marriage and also what may be use as evidence in this case. kindly reply me soon i m very tensed because in notice he again trying to include my all family member including my very weak and old mother too.
Devajyoti Barman
(Expert) 01 September 2012
Once you are acquitted of the charges u/s 406 IPC , you are no more liable for prosecution for return of articles even if there is any.
You mat start case of defamation and criminal intimidation against him.
PARTHA P BORBORA
(Expert) 01 September 2012
in my opinion he is aquited from 498 a and 304 b not from 406 and if your wife has comitted suicide before 7 year of completion of your marriage your father in law has full right to prosecute u demanding to return the stridhan and other things give with her at the time of marriage.
Raj Kumar Makkad
(Expert) 02 September 2012
I do agree with partha. Your FIL can demand all dowry items but not gift items by way of filing a separate case under 406 IPC so better to negotiate the matter and get it settled at your own level.
lalit kumar
(Querist) 07 September 2012
thanks to all for reply me
