Reg quashing cs..
R.Ramesh
(Querist) 07 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 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 . 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.
------------------------------------------------------------------------------------------------------------------------------------------
Sir, please note:
The persons of witness examined -- mentioned in Charge Sheet they are not from our area and they stays at my wife area which is 6 Kilo Metres distance away from my house.
Sir, on above mention details please give your valuable suggestion advice for quashing this case and I request you that please don’t keep this details on net.
Thanking you.
Devajyoti Barman
(Expert) 08 March 2013
The witnesses mentioned in the charge sheet ha s nothing to do with quashing.
You have to highlight the gross and apparent falsity or absurdity of FIR.
Beyond that the court would see nothing.
Raj Kumar Makkad
(Expert) 10 March 2013
Your query requires personal touch with case file so better to avail the services of a local senior lawyer or make personal contact to either of the experts of this forum.
