False complaint 306 498a 323 504 506 438
Tushar
(Querist) 14 June 2014
This query is : Resolved
Dear Sir;
Thanks for advice to you all. Recently I logged in this site and heard that use minimum words to express for easy understanding; hence write in short which creates confusion in present situations sorry for that and herewith giving you detail for proper guidance.
Married in 2005; everything is going write with us; we are (me; wife and son) extremely happy in all respect. My wife is caring; sincere and hardworking with emotional nature.
In 2012 my wife done suicide (Hanging); at that I am on duty; Before me police got information from neighbor and they come and done site panchnama as per their procedure. They found suicide note that “No one is responsible for my death; don’t want to live further”. Immediately i shifted to her in hospitals with van and declare dead by doctors.
On the same day my father in law and his relatives come to hospital and attack on me that they feel I am responsible for the incident. On the day of her funeral they made lots of drama; Most of the peoples from their side are drunked; they used abuse words; attack on our family. In whole life we never came to across such type of situation.
Number of time they called us to police station; Police ready to registered FIR; but they given in writing in front of police that we are not having any complaint we just want to secure my son life by transferring gold; half property; ½ Bank balance and other related. They also keep condition that Guardian for property from their (Father in Law) side. We transferred ½ property by registry; gold and policy in favour of my son name. It require period of 4&1/2 months to complete this ; during in between they threaten for logging FIR. After that they are demanding 10 Lacs from us which we refused. We are having video shooting of threatening and gold demand.
After 4&1/2 months my father in law raise writ in high court that police is not registering FIR; So police has to registered FIR(me ;parents; sisters ; jijus and uncle anti) in pressure and mentioned delay due to mental and physical condition is not good of My father in Law. We take anticipatory bail of of all members’ except me. In investigation police come to know that all peoples are innocent (my self and relatives) and they found that there is no trouble; any demand of money from our side. They also realized that all points mentioned in FIR are false and they collect evidence for that. If everything is ok then why my wife done suicide they come to know that my wife is not happy and feel extremely guilty because of her own father and sister. She feels bad for that and mentioned in her daily written diary which was later verified by handwritten expert. On the basis of her daily written Diary and false FIR police submitted “B” summery report not charge sheet to session court that complaint registered is false and reason in uneven demand from father in law of me. We are waiting for final comments from court. I have few questions;
1) What will be action plan of court
2) How to teach lesson to theses peoples who are raising false complaint and misuse the law.
3) My fathers always consider my wife as one of his own child; he will never die in satisfaction as the incident we faced. It was a loss of social; economical and mental tension.
4) I am not able to attain my wife’s funeral due to situation created by my father in law; how I forgor it. I want justice not only for my family but for my wife also who did this due to her own father and sister.
5) Not a single word I write false in it; if we did any wrong god will punish us but I need justice.
All the case explained is on evidence base and real facts require your guidance.
Raj Kumar Makkad
(Expert) 14 June 2014
1. Court shall discharge all of you in that event.
2. You need to file a police complaint against all those persons on the basis of the daily dairy, ransom from all of you and distortion. If police do not take action then file a criminal complaint before trial magistrate. Damages for malicious prosecution can also be recovered from those persons.
3. I can imagine.
4. It can definitely be got.
I have opined treating your words as true. Engage a local lawyer for the purpose of your lawful revenge.
Tushar
(Querist) 14 June 2014
Can i wait for court result or lodge complaint; bcse my father in law not responding to court calls. What will be time limit to lodge FIR
Laxmi Kant Joshi
(Expert) 14 June 2014
Tushar as you stated above you had written all the truth with evidences , then as per my openion court will discharge you all people from this case , once you get discharge then you make a written police complaint of your fil and other accused person who after threatening extort money ,gold etc from you , also they abuses and threaten you and malaciously filed false report against you and your family to defame you in the society
Raj Kumar Makkad
(Expert) 14 June 2014
If your father in law is not appearing, the court shall take decision in his absence.
Tushar
(Querist) 14 June 2014
I done msc and b.ed.after marriage and purchase vehicle for her. If we r bad peoples no one can do that and its not generated but documentory proved. She stated in her diary that my parents are ideal parents & everyone got such parents. My father having three girls and one me he always prefer girls to motivate. My wife also said that it is not in our hand to take birth in any family we have to accept what god gives us.Her sister behaviour she dont like and feel extremely bad for that. I want justice in any condition.
Raj Kumar Makkad
(Expert) 14 June 2014
You shall have to plead all such facts before the court though police has always completed its investigation and has totally found the allegations of your FIL as false and ill motivated. Now its your turn to become active as already suggested to you.
R.K Nanda
(Expert) 14 June 2014
repeated query.
Rajendra K Goyal
(Expert) 14 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/How-to-treat-false-306-and-498a-477666.asp#.U5xmeihKqRQ
Raj Kumar Makkad
(Expert) 14 June 2014
Why have you repeated the query and have wasted the time of the experts?
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
No reply to the repeated queries is the stand taken by experts, I go with them.
Adv. Pankaj Patil
(Expert) 15 June 2014
You can lodge a separate case of instigation of suicide of your wife under section 306 , 120B, 387 , 500 against your father in law it means for instigation of suicide to your wife and to demand ransom to you and to defame you and you can teach him lesson .
If you will not cooperated by police by using her personal diary you can take order of magistrate court to lodge FIR under abovesaid provisions under section 156(3) of Cr pc by lodging private application case to Chief Judicial Magistrate.
Tushar
(Querist) 15 June 2014
Sorry sir i am new in this site but bymistake posted double bcse of lack of knoweldge. Sorry for inconvenience to all but thanks for your openion.
Raj Kumar Makkad
(Expert) 15 June 2014
Anyway, you have already been adequately been advised.
