406 ipc
lalit kumar
(Querist) 07 September 2012
This query is : Resolved
Hello Sirs
I have some more questions about my previous query. My story is that i m residing separately from my family form 2004 as i m working in other state where they all residing. I got married in year April 2009 and my wife commits suicide in Dec 2010 at the place where i m working. At the time of death of my wife my FIL did not file any case but after 15 days he filed a Fir and we all(means my family) been trialed under 304B.
And by god grace or truth we all been acquitted from trial court. But again he trying to extort money from me and asking rupess in lacs but i m not in position now as u all know how much money u have to spend in cases like 304B and blackmailing me by saying that he is going to file a case regarding the gifts given at the time of marriage. My query is as under
1. what should i do because he is asking such things which were not given.
2. it is right he gave me a vehicle in that marriage but that vehicle on my name. He can demand that also in 406 IPC.
3. As my family not residing with me from past approximate 9 years they may also become co accused in that case if yes is it possible to quash that fir for them.
4. and what are the main ingredient to file a such case i mean should police require to prove that case against me.
Kindly reply me i m very thankful to u all
PARTHA P BORBORA
(Expert) 07 September 2012
how far my knowladge goes your FIL can claim the STRIDHANA from you. He can not claim other things. So if possible return the stridhana to him and sattle the dispute on compromise. If your family members live in a separate State and ur FIL file the case agist them you can file quash petition. Dont be penic if yourFIL file a case against you undr sec 406 he has to prove his case.
Nadeem Qureshi
(Expert) 08 September 2012
Dear Lalit
they have right to claim ISTRIDHAN from you and your parents, no need to worry about this if you really want to settle the matter return all the ISTRIDHAN to them and settle the matter amicably, but if they are black- mailing you can file a criminal case against them under section 383/384 of IPC
Feel free to call
Sudhir Kumar, Advocate
(Expert) 09 September 2012
threat to frame in false case is extortion. Please collect evidence that he is demanding huge money.
Since you are the successor of your wife I believe you may not be obliged to return stridhan.
I request other experts to kindly and immediately disagree if I am wrong. It will now annoy me rather make me happy.
