A Complaint Case was filed against me and 7 others by father of my Daughter-in-law, that I snatched Rs.4200/- and my wife snatched Golden Necklace from his daughter. Immediately they could not go to Police Station because they rushed to residence for treatment from private Doctor. Whereas in initial deposition the aforesaid complainant the father of my daughter-in-law stated that immediately after alleged incident they rushed to Police Station.
I have already filed application under Section 340 of Cr. P. C. against my daughter-in-law for making false allegation that her father at the time of her marriage (held on 26/01/1996) was forced to make cash payment Rs.15,00,000/- and spent other expenses on account of jewelry and other items, which according to the then market rate could have been of Rs.20,00,000/-. After knew about aforesaid false allegations, I served legal Notice under Section 80 of CPC, upon IT Department, as a result IT Department served Notice upon father of my daughter-in-law and recorded his statement on oath, whereby he admitted that he not paid or make any expenditure on account of any kind of dowry. The father of my daughter-in-law is an practicing IT Advocate. My son also filed applications under Section 340 of Cr. P. C. in the maintain Case filed under Section 125 of CR. P. C. and also affirmed affidavit to file another application under Section 340 of Cr. P. C. in her Divorce Petition.
My advocate advised that the contradictions made in the Complaint case and initial Deposition cannot be made a cause of action for application under Section 340 Cr. P. C.
What is your opinion.