LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shaan (Student)     13 December 2013

498a 504 323 307 314 and 3/4 dp by mil in uttar pradesh

My wife has been abusive in her behaviour since starting of my marriage, around 2.8 years back. Her father is Inspector in Police so she always threatened me. Even her father stopped calling/meeting me or my parents after 1 month of marriage. Finally my Mother-in-law filed an FIR in Lucknow against me, my both parents and both married sisters in 498a 504 323 307 314 and 3/4 DP sections.They are only showing a private medical from a Govt. hospital which is around 1.5 years old and they are trying to implicate me and my parents in it. I was in a different city altogether on the claimed date and have proofs like Mobile call statements, credit card transaction. Also for 314, the baby's survival chances were less than 30% due to less than normal heart rate in the first ultrasound. Also the abortion bills was settled via Corporate group mediclaim Insurance company, who only settle claims, only if all things are justified and real. 

The case is in UP so mediation phase is going on, but the opposite party is not attending the mediation, 3 dates are already passed. What should we do at this stage? What would happen if mediation fails in the next date? Can I do something with all the evidences which I have to prove that this is an all non-sense case at the first glance and hence should be quashed? Kindly respond.



Learning

 5 Replies

Abhijat Gupta (Reservation Incharge)     14 December 2013

My mother and my sister have given statement in our local DCP Office againt me on s*xual harrassment towards my sister. Police did not take any action against me. Can I file the case of defamation against my mother and my sister.

Please advise
 

dr.pawan rajyan (member and secretory)     14 December 2013

you can file a quash petition in highcourt crpc 482.consult a good criminal lawyer.join save family foundation.regards

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 December 2013

@Shaan:How long have you both been separated ?, If you have sufficient evidence to prove that you were not available on those alleged dates of incidences, secure it, do not produce them now itself so that you do not get exhausted of evidence so soon, as suggested by Mr. Pawan, it is better you file a quash petition before the high court as well as a petition to not to  arrest because in UP there is no procedure for obtaining anticipatory bail, in the mediation centre, you prevail upon the mediators saying that the other side intentionally abstains from appearing before the forum hence the case may be decided in her absence.

 

@ Gupta:  If the police have not taken any action against the complaint lodged by your mother and sister, it means they did not prima facie  find any offence committed by as alleged, but there is no conclusive report by the police hence it will be too early to file a defamatory case.

Abhijat Gupta (Reservation Incharge)     19 January 2014

The court calculation says that 98% cases of Dowry is false. Can any one say what happen to those women which files false cases & spoil the life of man & his family. I think there is a amendment required that if there is a false case file then the family member of woman and with woman got punishment to file false cases. Because she files the false cases but the life of man and his family is tremendously in tension. Also the life of his and his family is spoiled in every way. In way of society, earning, reputation and also on physical health of his and his family member.

 

 

Abhijat Gupta (Reservation Incharge)     19 January 2014

Can DV  Act case dismissed if applicant/complainant unable to proof the domestic violence or defendant can proof the plea has false allegation?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register