Crpc 250

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
recently all my family members trial court has acquited all accused with full admmissal of false allegation made by wife and she admitted that each and every word is false-sir - now -

can i claim compensation in crpc 250 as all the husband family members has suffered rs. 345000/- for four years trial appeal, travelling from different cities to attend court proceedings and lawyers fees etc. and then near about rs. 285000/- towards interim maintenance successfully received by wife.

is there any remedy to recover all the amount from wife and her parental relatives who were given false statement in the cout and then admitted at actual neabouers call as withness.

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Shastri J.K. (Expert) 20 December 2011
It is depend on order/judgment of acquital...

jeevan1950 (Expert) 20 December 2011
yes you can prosecute her for malicious prosecution and also claim damages in civil court if u all r acquittednot on any technical grounds but on merits of the case

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 December 2011
Any judgement is any of three types=

Proved, not proved and proved false.

Only when proved false than you can claim any thing.

But the irony is most of the judgments are =prosecution is not able to prove the case.

This does not entitle any thing whatsoever.

Nadeem Qureshi (Expert) 20 December 2011
yes you can file a criminal case against her & Her Family after deep reading of the order.
feel free to call

Advocate M.Bhadra (Expert) 20 December 2011
Sec.250(5) Cr.P.C. provided that no person who has been directed to pay compensation under this section shall by reason of such order,be exempted from any civil or criminal liability in respect of the complaint made or information given by him. Further provided that any amount paid to an accused under this section shall be taken into account in awarding compensation to such person in any subsequent Civil Suit relating to the same matter.( Nandakumar vs. Jyananath 1998 2 SCC 355:1998 SCC Cr. 637 )

Shonee Kapoor (Expert) 20 December 2011
Mere acquittal is not enough, you need to have some other facts to get the same compensation.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 20 December 2011
The facts narrated by you are sufficient to start proceeding against your wife and the persons who deposed falsely in favour of your wife. You cannot recover the amount of maintenance as this is legal right of your wife but definitely you can file not only damages for malicious prosecution but this shall also become a ground for seeking a decree of divorce on the ground of cruelty.

ajay sethi (Expert) 20 December 2011
agree with makkad

prabhakar singh (Expert) 21 December 2011
I also agree with mr. raj kumar makkad

Deepak Nair (Expert) 21 December 2011
Sec.193 of IPC provides for Punishment for false evidence:-
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

You can definitely initiate criminal proceedings against your wife and her relatives for giving falase evidence. Please reger Sec 191 to 196, 199 and 200 of IPC for better understanding

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