498A on husbands friend
Querist :
Anonymous
(Querist) 15 April 2010
This query is : Resolved
My friend (K) ran away from his house & against the wish of his family got married to a girl (S) who was 5 – 6 yrs elder to him. Since his family was against him & no one was there to help him, so I helped him in his marriage, as he needed a car & I was the only one from his side in that marriage, even in his reception non of his other friends showed up & I was alone from his side. Than he needed my car for going out, shopping & all that so used to go whenever he called.
From the day one they were staying in an rented house in thane on their own.
After a few days they started having initial adjustment problems, hence he used to call me & I tried my best to help him out, but this became a routine once he called me late night at around 11.30 to sort out their problems. So that day helped him & told him everytime this is not possible & would never tell a single word to that girl just make my friend understand & come back but than he said everytime you blame me you must must that girl also understand, I told I will not speak to that girl, let someone from her family make her also understand, so he said she is close to her jijaji ( elder sisters husband ) so my friend gave me his number & next day I called him & told him to please come with S’s sister & sort out the problems between K & S as everytime I cannot handle all this.
Than my friend used to get up with all this fights between him & his wife used to come to me saying to take him out somewhere as he need a break, so I used to take him out & make him understand that these are initial adjustments problems which everyone faces & after some time it gets sorted out.
They were having lot of financial problems also, so many a times used to help my friend financially also, as they had just started a new life so will need money.
Every now & than they used to have quarrels & so on which my friend used to tell me
But did not talk much as it is their personal matter. Than in between K's family also tried to talk & sort out the matter by meeting the girls parents but no use they themselves had big fight & K went lodged an FIR against his own parents & sister.
His sister played lot of cunning games in between which I & K both could not understand like calling that girl to meet so that she can speak to her parents but ehre also she blamed that girl saying my brother is not happy with you, you both keep fighting if that was not the case than why it was just 1 month after your marriage K went out with his friend instead of spending time with you & all those cheap tricks of creating misunderstandings
Than any how these went on for few months & from 1 Aug they started to stay sperate, by came back to his house & girl went to her mothers place. Than in between they met but the boys lawyer told that girl they will go for divorce.
So the girl used 498A, 406 r/w 34 against that boy, his parents, his sister & on me also as a friend.
For K & his family she has mentioned many things
For me :
She has mentioned that K used to come with me out & telling lies at home that he has office work. Than I called & spoke to her jijaji about their quarrels but there were no quarrels, than I had accompanied K to her jijaji house & asked for money to buy car & used to pressurize her to take loan for car & all that crap. All this she has mentioned to nari sanghatna & in her domestic violence complain also
The truth is what do I know what K tells at his house & comes with me. Further if there were no quarrels between them than why is her husband telling his friend to take him out, If all the things were right than he should spend time with her & not with me. That story is made up & totally lies about I accompanied K to ask for money & pressurizing her to take loan, what have I got to do whether they buy car, truck or train.
I am really fed up with all this crap & even my friend now is trying to ditch me to save himself.
Please tell me how can I get out of all this mess. Can I get quashing done for myself or what needs to be done that I can move out from all this.
Raj Kumar Makkad
(Expert) 15 April 2010
No criminal case lies against you and any of the family member of your friend. It shall be better if you move to High Court seeking quashing of FIR. There are no specific allegations against you.
After coming out of aforesaid case, you may file a case seeking compensation against wife of your friend for filing malicious prosecution against you.
Guest
(Expert) 16 April 2010
S. 498-A is a criminal law and each and every word in the section must be given strict interpretation. The words used there are - "Husband or relative of husband". A friend does not come within the purview. Hence, if FIR is lodged, go first for anticpatory bail and next for quashing of FIR against you.
Querist :
Anonymous
(Querist) 17 April 2010
Dear Raj Sir
Thanks.
Please tell me one more thing, K's wife has put domestic violence case on K & wherein she has asked for a compensation of 10 lakhs for mental & physical cruelty, some interim relief of food & shelter. Under this domestic violence case what will happen to K & his family. And under 498A, 406 r/w sec 34 case what can happen to K & his family (subject to things proved in the court)
