.. for quashing csheet
Venkatadri
(Querist) 27 March 2013
This query is : Resolved
Good Evening Sir,
Sir, my wife kept false 498A case on me and on my family members and after my marriage she stayed only 10 days with me and after that she qarrrelled with me and my family members she left my house and after 2 years she kept false 498A case so regarding this case, I would like to show her complaint.
Complaint Copy
I hema latha, wife of B.Kiran aged 24 yrs house wife to submit following few lines for your kind consideration and request for favourable action.
I state that my marriage with B.Kiran was solemnized on 20/09/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day.The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time . I therefore I request your good self to enquire into the matter and take action against my husband and inlwas for their harassment and demanding more dowry for which act of kidness I shal be grateful.
Enquiry by I/O at my house.
police officer came to my house and conducted an enquiry for preparing the charge sheet and my neighbors told the police officer how my wife trouble tortured me and family members and moreover our neighbors said my wife not stayed atleast one week continually with me in my house after marriage, but that police officer suggested me and my neighbours that if we want to remove his sister’s names from Charge sheet (because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name and they taken my neighbors signature and left.
Regarding Charge Sheet.
Sir, the I/O did not removed my sister’s names from charge sheet when I/O came to my house for enquiry that time I/O said she will remove my sister’s name if my neighbours will sign on paper if what I/O write on that papers and I/O suggested like this …… ( because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name from Charge Sheet ) and I/O taken my neighbors signature and left. So, sir I/O had cheated me like this during enquiry and sir here below I would like show the how I/O had submitted the Charge Sheet.
Charge Sheet
If Charge Sheet ( original / Supplementary ) : Original.
Particulars of the accused persons charge sheeted: A1 to A6 ( they mentioned my name and familymembers name )
Particulars of the accused persons not charge sheeted : -------
Particulars of the witnesses examined :
1.Smt.Hema latha w/o Kiran ----- ( Complaint / Victim )
2.K.Venkaiah s/o K.Veranna ----- ( Father of LW 1 )
3.K.Yadamma w/o K.Venkaiah ----- ( Mother of LW 1 )
4.T.Shekar s/o Giri ----- ( Independent witness )
5.S.Jagadish s/o Kumraiah ----- ( Independent witness )
6.J.Yogesh s/o Ramu ------ ( Independent witness )
7.Simhadri s/o Vishvesh ----- ( Independent witness )
8.Smt.Reshma, Sub Inspector ------------- Issued FIR & I.O
If F.R. is false, indicate action taken. U/s 182 / 211 IPC --------------
Result of Lab Analysis -----------------
Brief fact of the case As follows
“This is a case of Husband and in-laws (A1 to A6 )of a women (LW – 1 ) subjected her to cruelty by harassing her mentally physically at matrimonial house and demamded to bring additional dowry from her parents, where the. Whereas, the accused A-1 B.Kiran husband of the LW – 1,A-2.B.Pochaiah ( father in-law) A-3 B.Shanthamma (mother in-law ) A-4 Kum.Priya ( sister in law of LW1 ) A-5 Smt.Gouri and A-6 B.Venkat ( Brother in-law of LW 1 ). The place of offence fall under this W.P.S limit, within the territorial jurisdiction of this Hon’ble court.
Facts of the case are that, on 09/05/2012 at 14:30 hrs received a complaint from Smt.Hema latha w/o B.Kiran Occ.House Wife.In which she stated that, her marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day. The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time.
On receipt of the above complaint S.I. Reshma registered a case U/sec 498-A IPC and took up the investigation. During the course of investigation I/O examined the LW-1 to LW-3 and recorded her detailed statement in part –II Case Diary, in which they corroborated the facts of FIR.
As per the statements of LW-1 to LW-3 they revealed that, the LW-1 and A-1 are legally wife and husband.Their marriage was performed on 10/12/2010 as per Hindu rites and customs at the time of marriage as per the demand of A-1 and his family members her parents had given a sum Rs.5 Lakhs case as dowry, 10 tulas of gold ornaments 2 wheeler, all household articles were given and performed the marriage by spending Rs.15 lakhs after the marriage the LW-1 joined the company of her husband at in-laws house where the LW-1 stayed for a period of 20 days in between this period the A-1 on the instigation of his family members subjected the LW-1 cruelty by harassing her mentally and physically for more dowry. On her refusal they abused her in most filthy language and bet her increased torture towards the LW-1 due to to their unbearable harassment the LW-1 informed her parents and elders meeting to specify the matter and sent the LW-1 took shelter at her parents house.The investigation and to prevent the accused from making any inducement or threat to the complaint or witnesses.
On credible information on 09/05/2012 I/O deputed the staff to apprehend the accused A-1. The deputed the staff rushed to A-1’S house and found the accused A1 and brought to W.P.S and produced before me at 10.00 hrs after counseling I/O have examined and explained him grounds of arrest made facilitated for communication, and affected his arrest at 11:00 am by an arrest memo on him and completed the arrest formalities.
During the course of futher enquiry I/O visited the place of offence and accused enquiries about issue and collected the copy of wedding card and marriage photographs and other documents as documentary evidence it clearly established that the A2to A6 were also responsible for the harassment and mental torture commited on the complainant and also demanded for Additional dowry while investigation under progress A2 to A6 took the anticipatory bail on 25/08/2012 and furnished the sureties at W.P.S.
Thus the investigation clearly established that the accused A-1 to A6 have commited the offence in this case and are liable to be punished U/s 498-A I.P.C. Hence it is prayed the honble court that accused summons may kindly be issued against the accused persons in this case.
Hence Charge.
Reagrding LW -1 statement ( LW -1 is my wife ) in charge sheet
1.Before engagement my parents had given 2 lakhs cash to m husband and inlaws and after engagement my hus and inlaws started harassing us for balance of dowry immediately to give and my mother inlaw brought 25 members along with them to my house for asking dowry and one day my father went to my husbands house and given 3 lakhs cash.
2.In the marriage hall also my inlaws stated insulting me and my parents about the house hold articles and from day one of marriage my husband and my inlaws started harassing me physically and mentally to bring more additional dowry.
3.One day on my birthday my brother came to my matrimonial house to celebrate but on that day my sister inlaw said if they celebrate birthday in this house I will not going to stay in house and she left the house.
4.My husband and inlaws locked me in one room for five days without clothes and they did not kept even food for me for five days and after five days neighbor aunty came and opened lock and she given clothes and made a phone call to my parents and my parents came to my matrimonial house and asked my husband and inlaws about this and my parents taken me to my house and went and after 25 days my parents called my husband and said for sake of money only your doing all this so my parents given 2 lakhs to my husband and requested him to take care well about me and my husband taken me with him to his house and till 2days he was good with me and again after that again my husband and inlaws started harassing me physically and mentally to bring more dowry and I made a phone call to my parents they came and again my husband and inlaws beaten my parents on the road and misbehaved and my parents taken me to my house.
And till 9 months I waited for my hus he did not came to take back me and myself only I went to my matrimonial house but my inlaws pushed me out and then directly I went to WPS and made complaint on my husband and inlaws and after one month WPS compromised us both and my hus taken me to his house but again my husband and inlaws started harassing me and one day in presence of area elders me and my husband taken me a separate rent house but in rent house also my hus band did not changed ill attitude and one day mid night my hus tried to kl me by holding my throat and that time owner of that house came and protected me and on that night my husband left me and went outside and next day morning I went to to my husband’s house to enquire about him but my inlaws beaten me why you came here and said go out from here moreover my sister inlaw warned me if you stay in my house I will consume poision and all of them beaten me and then my inlaws went to their local PS and even we went to that PS and in PS my husband said I don’t want my wife and if you want to keep case on me also you put or you you keep me in jl but I don’t want my wife and again my husband and inlaws said in PS after 1week days my husband will take me to his house but my husband did not came to take and my parents went to my matrimonial house to ask my husband but my husband and inlaws again beaten my parents and my parents came back to my house and I waited for 6 months but my hus did not came to take me back to matrimonial house and then again I made a complaint in WPS on my husband and on my inlaws and hence I state that please take severe action on them.
Sir, actual fact is:
I got married on 20th September 2010 and in marriage mandapam ( Marriage Hall ) she was not giving respect to my family members and when I asked her for taking blessings from my parents she said what is your status and my status and I will never bend my head in front of others and even did not bothered about this also and she was not speaking to me properly.
On the same day evening after completing the barath she is not stepping her leg in my house and I said her see every body is watching you but she was not cared to my words also she is hesitating to step in my house so I put my hand on her shoulder and myself made her to enter in my house as soon as she entered in my house she went and slept on coat when I went to call her for having food she said don’t come front of me and she behaved like moody and then I kept quiet.
Next day morning she blamed my parents and relatives that in your house all are thieves my ipod is missing I said without knowing the fact don’t blame any body but she did not stoped her words.
On 22nd Sept 2010 Evening Reception at my house during that time my paternal aunty alerted her that your shoulder ring is getting lose for this she spoken how dare you to touch my hand what is your status and my status I don’t want your son and your relationship and she walked out from stage and at that movement her one of relative told me don’t wory I will ask her towards her in respect to the reception stage and husband and my self felt sad and kept quiet.
And after completion of reception i,e Dinner night i went to her house and in her house she said with me iam not interested to marry with you and even I did not said ok for marriage with you because iam in love with a person from past 2 years and my father and mother not accepted my love and forcibly my father & mother made arranged marriage with you and even she said me that my face is looking like uncle to her eyes and your having bald head so like this she spoken to me and also she threatened me that if I say all these to their parents she is going to keep harassment case on me and on my family members and her father,mother and her brothers threatened me that you should stay back in our house only with my daughter and regarding this we are giving you 4 days time and in case if you not obeys us we will put dowry case on you and on your family members so like this her family members threatened me but on that day only I said them at any cost I will not stay in your house and then they said me ok we know how to press you, like this her family tortured me and I felt very sad about me and next day they did not kept break fast and lunch also and then I went out side in the evening I taken my wife to my house and I did not said all this matter to my parents since my father and mother are patients and moreover my father & mother’s health condition also not good since my wife and her parents insulted us in the marriage by saying that we your not equal status to us unfortunately we made this marriage.
So from 23/09/2010 to 27/09/2010 my wife was in my house ( she stayed only 4 days with me ) in my house only and during this days she did not spoken to me and my family members and even she not allowed me to sit beside her and she use warn me that I should not talk to her and even she use to eat food separately she use behave very moodily like not interested in me so for all these her behavior I use feel very sad in myself that all these things .
And on 27/09/2010 her parents came to my house and they taken her only to their house for sleeps ( nidhra a traditional custom ) .
And on 01/10/2010 evening I went to her house to bring her but she refused to come to my house with me and her father,mother,brothers and some other 4 persons all together abused me in filthy language and they beaten me and by saying already we said you should stay in our house only you should leave your parents and should settle in our house with my daughter i,e “illarikam” if not, you don’t want to my daughter and then I went near my wife I asked her to come with me but she said see ramesh already I said you iam in love with a person and I did not liked you and I did not said ok to marriage with you with my parents but they forced me to mary you so once again I am saying you I don’t to live with you so in this way my wife spoken to in her room in her house and in main hall in her house her father had slapped me by holding my shirt color how many time we should say you that my daughter will not stay with you in your house if don’t stay in our house you should get out from here and we know how to see your end like this her parents threatened me and after some time I came back to my house and my parents asked me why you did not brought your wife and then I said to them about all these thing and next day morning again I went to her house as soon as I stepped in her house her brothers pushed me out and came to beat me again in front of my wife then I afraid about them and I returned my house and explained to my parents and relatives about what happened and how they behaved with me
And viewing all these situation my father and mother’s health was disturbed and both are patients with Diabetes and High Blood Pressure
And after 1 month I sent my area elder people to their house for if any thing is there we can discuss but they said no more my daughter will live with him they not up to our staus suddenly we did marriage and we taken wrong step on approach of marriage broker and we want back what ever we have given the gifts to him and one day we will inform you that for discussing all these matters and our area elders the same thing they informed me and I said what ever it is happening it should be on their wish.
After 10 months I,e in month of July 2011 my wife had given false complaint in Saroor nager womens Police station on me and on my family member’s i,e my father,mother,un married brother,un married sister and married sister stating that my husband and his family members are harassing me and within 20 days i have given 11 lakhs of dowry by harassment with his family and more over before marriage i have given 4 lakhs now all together i have given 15 lakhs and he sended me to my house so like this she had given an false complaint on me and on my family members.
So, the police constables came to my house and they had taken me to the police station but she and her family came to the police station and without talking to me they went away from police station and we went to ploice station again next day but they did not came and after one week they did counselling for both and i told police officer how she and her parents behaved with me and moreover she did not stayed with me one week and in fact her family they have given only 4 lakhs as cash gift and one two wheeler 3 thulas gold gift before marriage and after that i did not taken any single amount from them and unnecessarly she is blaming me that i had taken 15 lakhs and moreover i have written a letter by stating that at the movement i will take my wife to my house and my wife refused me there also to come with me and even her parents are not sending and started harassing me by calling to police station and finally in the month of August 2011 the police compromised both of them and sent my wife with me and soon as she came to in front of my house she blamed me by shouting that he is beating me by making an phone call and all the people gather and watched her blaming by shouting and they said why your giving trouble to them if don’t want to stay with him you can leave him but blaming him and his family it is not good but she did not listened our neighbors and and she did not allowed my family members to move in my house only and by observing her behavior i told I want to be separate in rent house with you and in presence of our area elders myself and her written a letter and signed by me and her by stating that we want to stay away from this house I,e we want to live in other house I,e in rent house and this decision is made by both of us and no way related to our both families and we started staying in rent house which is 150 meters distance from my own house but even though she did not changed her ill nature and attitude
Never she use to keep food or prepare food in that rent house again same way her mother or brother is bring food for her from their house and when I use to come for eating their will be no food and at night she did not allowed me to touch her for participating intercourse and even she did not allowed me to sleep beside her one day she already eat food and forcing me to eat food and I said not feeling hungry then she said please eat food only today and you need not to take food tomorrow then I felt doubt in her words that from past three days she did not kept food for me and but today only she forcing me to eat food then I said ok you also eat food along with me then she said I already had food but continually she forcing me to eat food then I said from past three days you did not cared and atleast you did not kept food for me why your forcing today only to eat and the next movement immediately she troughed all the food items which was in utensil in bath room and slept on the coat covering the blanket ( on that day evening I saw her mother going but I don’t know when her mother came ) and next day night she abused me in filthy language by saying that I was being insulting you and not feeling shame to stay with me still if you continue to stay with me see what I will do you like this she threatened me and then I said if you want to leave me leave but don’t torture me like this and and I slept but in the middle of the night she pressed my face by keeping pillow on my face and then I awaked and pushed her by shouting and then she holded my shirt coler and beaten on my face she ordered me to go out of room and that movement by seeing her evil behavior I left the from there and by telephonic I informed my area elders about her conduct towards me then they said we talk tomorrow morning and at that night I slept at one shop shetter and at next day morning I left to friend’s room to take rest and at the time of afternoon I had received a call from my small sister by weeping brother come soon to house sister in law came to our house with her brothers and some 5 persons and she is beating me and sister ( who given birth to girl child before three month by surgery )and mother while she beating us her brothers and that 5 persons are bended and locked our hands tightly sister in –law was beating us and after ten five minutes I reached my house that sawed my neighbors and other people who resides in our lane are at my house and my wife was beating my sisters and mother while her brothers holded tightly my sisters hand and the 5 persons who came along with them were pushing my neighbors while they are trying to stop my wife beating my sisters and I observed my small sister clothes on shoulder had toned and other sister was crying by stomach pain and my mother was weeping and then I shouted soundly towards them and even I went face to face them then they moved fastly from my house and I taken my sisters and mother to our area police station and soon as we entered the police station my wife had given false complaint on us and she was accompanied with her father,mother,brothers and some other people and myself and my sisters and mother told police officer what had happened with us but he did not listened us and he threatened my family members that if you not compromise with her I will put 498a case on you then after my relative came and told the police officer we going to discuss this issue in front of our area leaders after 15 days and then we came to my house and my wife was taken by her parents to their house and completing 15 days I have informed them for coming for discussion with help of area elders by making phone call but her father did not lifted call and after five days our area elders went to their house for informing them for conducting discussion and meeting but her father said my daughter is not willing to live with him we will come for meeting for getting divorce from him and at the same we want our money and gold back what ever we have to him. But six months completed I,e from the month of January 2012 but they did not informed for conducting meeting or discussion of that issue .On 14 February 2012 early morning Women police constable came to my house and arrested me and taken to police station that your wife had given an complaint on you and on your family members and in the premises of police station also my wife and their parents abused me very badly but that WPS did not stopped them.
But sir when my wife brought some rowdies to my house and beaten my mother and sisters and after that I went to give complaint in WPS on my wife but the WPS did not taken complaint from me and sended me out from there and after six months when wife went to that same WPS and given complaint on us and they taken complaint from my wife.
So, sir please kindly suggest on this case on which point I can go for quashing the charge sheet.
Thanking you.
Devajyoti Barman
(Expert) 27 March 2013
If Police refuses to register the FIR then you can go to court and file petition u/s 156(3) crpc so the court directs the police to make necessary investigation.
Raj Kumar Makkad
(Expert) 28 March 2013
repeated query which needs not to be entertained.
