Ipc 498a, 323, 506, 504, 3/4 and 377
jas
(Querist) 12 August 2014
This query is : Resolved
Few days ago my Father and Mother in law and his elder brother with his wife have visited my
home and after having breakfast and lunch together followed by nice
conversation, they manifested their desire of taking my wife along
with them to Agra at their Resident Place as their elder brother
have Pooja at home. She left with her parent
happily along with her most of stuff in her big suitcase and she told
me that she'll stay with her parent for few days and I have sent my
wife with warm greeting, it was normal between us.
Now when I call her parents to know when I can bring her home, they
didn’t answer me properly Infact my parent also called however they
didn’t pick up the phone and responded. My wife's phone is switched
off and neither my parents in law are picking up the phone.
Its been 6 months marriage
Today police constable came with CAW notice for meeting and sec IPC 498a, 323, 506, 504, 3/4 and 377 applied infact constable said no father can think of asking daughter to put ipc 377
now I just want to know how to get case in delhi as she has filed this complaint in agra CAW cell but complete marriage has commenced in delhi.
what exactly ipc 377 is ? like all spouse have sex
and all family member are involved in this notice
please help
Sudhir Kumar, Advocate
(Expert) 13 August 2014
Section 377. Unnatural offences
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Explanation
Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.
Devajyoti Barman
(Expert) 13 August 2014
This is new ploy by wives to implicate husbands in serious charges.
This charge is quite impossible to prove and that too in marital relations. So do not worry.
Sourav Das
(Expert) 13 August 2014
dear client,
you have to file transfer petition before supreme court to bring those cases in delhi.
sec 377 of ipc is for unnatural offences (carnal intercourse).she probably put this section with the consultation of her advocate to counter your future petition of restitution of conjugal right for bringing her back.
P. Venu
(Expert) 13 August 2014
Where the offences have alleged to have taken place - Delhi or Agra?
jas
(Querist) 13 August 2014
Offences alleged at agra, she left on 8th July, 9th July I called her and parents things were fine then I called on 23 July wife's phone was switched off and parents shouted on phone that daughter is been harassed on 6 august I came to know caw complaint has been filed at agra and no one is responding today my parents have to visit agra caw cell
All marriage ceremony happened in Delhi no complaints been filed in Delhi during 6 months marriage
Complaint was filed on 11 July at agra
Akhil Dave
(Expert) 13 August 2014
Mr. Jas,
About 377 well explained by the previous Ld. friends.
Its really difficult to prove in absence of forensic evidence, that too difficult.
Regards,
Akhil Dave, daveakhil@gmail.com
jas
(Querist) 13 August 2014
As I am aware of the fact ipc 377 has life imprisionment but I know the fact that I haven't done any unnatural sex happened between us but will I be arrested for just a complaint or incase fir is lodged
Rajendra K Goyal
(Expert) 13 August 2014
You can be arrested, consult local lawyer.
Case can be filed at Agra as she is living there, you may approach Supreme court for transfer of case at Delhi, chances are not bright.
ajay sethi
(Expert) 13 August 2014
you wont be arrested merely because complaint is lodged against you
Laxmi Kant Joshi
(Expert) 13 August 2014
Don't worry you will be not arrest mere on the ground of allegations , sec.377 ipc is for unnatural offence and it is very difficult to prove in the court, medically it may proved but who is the accused cannot proved .
jas
(Querist) 13 August 2014
just came from agra mediator lawyers said pay 65 lac and they will give divorce, thats it
my driver outside heard parents in law outside "we just need money"
just came to know all ipc mentioned above are filed without any doctors proof
police has filed a fir aswell under ipc 377 against me without any proof
have taken 15 days time they have asked me to visit agra
Sudhir Kumar, Advocate
(Expert) 17 August 2014
repeated
http://www.lawyersclubindia.com/experts/IPC-498a-323-506-504-3-4-and-377-491221.asp
Sudhir Kumar, Advocate
(Expert) 18 August 2014
please start for defence
or
buy peace at a price less than demanded
or
try if peaceful settlement could be there.
T. Kalaiselvan, Advocate
(Expert) 18 August 2014
This is new tactics being adopted by females to avenge their counterparts, now they came to know that arrest is not possible for the offences punishable less than seven years in view of Supreme Court judgement, they have located a severe section of law by which they can get their desired act achieved, resulted into a complaint u/s 377 IPC. Better obtain AB and then approach the police for inquiry, however, since there is AB in UP, you may consider other options. Consult a local lawyer and proceed as per his advise.
Sudhir Kumar, Advocate
(Expert) 06 November 2014
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