Rpc 406
Vaseem Mustafa
(Querist) 03 July 2013
This query is : Resolved
Sir,
My divorced wife filled 498A & 406 against me in Women Police which final culminated into challan in the court & charge was framed,now my query is that she has not produced even a single receipt in police neither any receipt is with challan.Can Police file such cases & also what is the credibility of this RPC 406 filled by divorced wife.
So,please advise me how to come out of this false case.
Devajyoti Barman
(Expert) 03 July 2013
For initiating case u/s 406 IPC , one need not produce receipt. Mere allegations in the complaint is sufficient.
Is you wife divorced or separated?
If she is already divorced then no such case can be filed against her.
Raj Kumar Makkad
(Expert) 03 July 2013
The challan is wrong and illegal. Go to high court seeking quashing of FIR.
Vaseem Mustafa
(Querist) 03 July 2013
We are both Muslims & I divorced her as per Muslim Personal Law.
Summary of Case
1)I posted Divorce to her in Nov2009 through Registered post.
2) FIR for 498A & 406 lodged in Oct 2010 after a gap of 11 months from date of dispatch of divorce & I was on AB,
3)Challan submitted to court in Dec 2010 with 5 witness Father of complaint,Uncle of Complaint,Friend of complaint,Complaint herself & friend of father of complaint
4)FIR with huge list of articals & Gold but with no receipt.I mean what is credibility of this list without receipt/Vouchers.
5) Charges framed in july 2012
6) Only one witness called till date & 2nd witness expected to be called this time in july as it has hearing in this month.
7)I applied for quashment of FIR in oct2010,but lateral withdraw after challan was submitted to Hon'ble Court.
Can i again apply for Quashment of Challan or FIR.
Please advise what should i do.
Raj Kumar Makkad
(Expert) 03 July 2013
As the trial has reached a long way, there is no scope now to move for quashing of FIR. it shall be better to face the trial and rebut all charges and then lastly get exonerated of the charges.
Rajendra K Goyal
(Expert) 04 July 2013
Better face and defend the trial at this stage.
Vaseem Mustafa
(Querist) 04 July 2013
Sir,
I have been unnecessarily dragged to court from lost 4 years,I dont no what to do as i am an employ,so your advise help my alot & i discuss accordingly with my counsel also.
So Please advise me,can delay in FIR help me out,as FIR has been lodged in oct 2010 & in FIR they claim she was thrown out of house by me in April 2009.
Moreover i have posted my divorce in NoV 2009,& in same month Nov 2009 five days after Divorce deed was posted they filed maintences petition for my baby as she herself is an employ & notice was served to me in Oct 2010,& it was dismissed on first date of hearing that is oct 2010 as i agreed to pay maintenane to my baby a deemed fit by Court.Then She filed RCR in oct 2010 which was dismissed by Court in Dec 2012 as i plied my divorce & court fond them not interested so the Court dismissed their petition.
Similar cases were filed by them against me in my office to concerned Minister,SHRC,Legislative Counsel etc in SHRC the case is still going.
How can these things help me 498A & 406,as FIR was also filed 5 days after RCR was filed.
Moreover as also mentioned early no receipt for Gold & other articles has been produced by herwith FIR.Also it is to mention here that she has already take all her Gold with herself when she left my house in Jan 2009 & I have also written same in my divorce deed that she has Taken her all Gold with herself however some Electronic Goods like TV,Fridge which she brought with her at the marriage are with & she can take them at any time.
Guest
(Expert) 05 July 2013
As regards the case of 406 is concerned, you can cross-examine your wife in the said regard in respect of receipts of the gold or articles which she is claiming. You can sure apply for quashing of Challan before High Court. However, the same shall be decided on the basis of evidence produced by the police authorities. High court might even direct you to face trial.
Raj Kumar Makkad
(Expert) 05 July 2013
You shall definitely get the benefit of the changed stand of your wife with the contradiction in the present case.
V R SHROFF
(Expert) 05 July 2013
Only defend, Expedite the matter.
Devajyoti Barman
(Expert) 06 July 2013
When case is in court there is no point getting annoyed over this issue.
Appear and fight the case. If you are innocent then why are you so bothered.
R.K Nanda
(Expert) 07 July 2013
nothing to add.
