Counter attack in reply to 498a?

dear Arjun

this aspect has been discussed on several occassions on this portal.

better make search about this problem form the search section of this portal, you will find enough ammunition and will also come to know about your limitations in the given circumstances.

best of luck.

Broadly :-

1. Defamation. (S.500 IPC)

2. 182/211 IPC. 

3. Tax Evasion.

4. Damages for Malicious Prosecution. 

Very recently the apex court passed a very effective judgment in an individual case of 498A, in which it has observed that the the police should first see the FIR, in 498A case if there is effective evidence then only the police should act on the FIR otherwise it should not harass the family members of the family. This is a very wanted judgemnt which I think most of the people must have been waiting for. Now we can expect the misuse of the 498A will be curtailed to some extent, but after all the process of judging of the effective evidence at the initial stage is left at the hand of the police and people know how the police works in India. It is good that the judgemnet has also made some direction to the lower judiciary in this matter.

Read the copy of circular as mentionsed by Surjitji on: https://womendignity.blogspot.in/2012/10/circular-to-police-by-central-govt-on.html

https://docs.google.com/file/d/0Bx2w09QCbpKoWjFiWUtxNFBWVHM/edit

Besides if there is a genuine grivance, with evvidence then all aggrived can approach court/ police as there r sufficient laws in India to nail any culprit but Arjun ji is doing fishing inquiry has he has not come out with any genuine case which one can guide from law point.

The cases which Ld. Bharat suggested can not be filed in each and every case.

Each case is unique and the counter also has to be unique. 

This is one of the articles which I had written long back, when passions run high, the reason take a backseat. I hope the same is relevant even today.

Hi Friends, 

When passions run high, reasoning goes on a sick leave.

How many of us agree to the above adage. I do. My this mail might be like dousing cold water on the fires raging in some of you to file counter cases.

Whenever I meet a victim, the first thing they ask is, what can we do to put them in the dock. Which counter cases can I file? It sometimes make me want to scream on the top of my voice - NOTHING AS OF NOW, GET BAIL FIRST FOR YOUR FAMILY AND YOURSELF. What keeps the tempers in check is the realization that the reactions of yours truly were not very different from these people approaching when he was new to the world of 498a. 

But I learnt that "incoming bullet has the right of way", hence first thing I need to do is duck and let the bullet pass. The great strategist Sun Tzu in his book titled 'The Art of War' has stated, 'The warrior who runs away from a certain defeat, survives to fight another day.' Hence, do not worry, if there are certain setbacks, just survive the initial shocks and you would be fine soon. I am telling you guys from the collective experience of many a fellow 498aed people. 

When yours truly was new to this, his first reaction was to file some counter case at the earliest. But better sense prevailed (more than that, better counsel prevailed) and the energies were concentrated on getting AB first and making sure that at least few of the family members are discharged from this false and frivolous case. Despite the same, yours truly were looking for ways to file counter cases. 

As per my understanding there are multiple cases which you can file.

Tax Evasion Petition: The most potent, but most under utilized tool by most of us. The statement of the girl is a noose in their necks. You just need to pull a little. File the Tax Evasion Petition as soon as you get the list of dowry articles and list of expenses in marriage. Anything above 10 Lacs and they are doomed. The loss might just be financial to them, but enough togive you a lot of breathing space. Also it may help you as an evidence in your defense. 

Dowry Prohibition Act, 1961 seems to be the favorite of almost all of us, specially ever since the Judgment of Hon'able S N Dhingra about the same.

But first see your own charge-sheet, have you been booked under DP Act 3/4. The are some chances that you are not. The reasoning is simple, in most states One year from the last incident is the time limit for filing DP Act. Now, when in your state one year is the time limit for filing DP Act, how can you file a counter-case under the same act. I have seen dozens of FIRs by now. The common ploy in all these FIRs is that the last day when they allege to have given dowry is more than one year away from the date of filing of the complaint. This cannot be a chance, they are definitely by design obviously someone had read his law correctly at some point of time and most other have copied it diligently.

But, thankfully for some of us and woefully for others, this time limit has been set aside by state amendments in certain states. If you are lucky to be living in one such state where there is no time limit to file DP Act. See, the FIR/ Complaint closely, is there a specific allegation that some part of dowry was given in the jurisdiction of the state where there is no time limit. Only, if you meet these conditions, you can file a counter case. But to what avail, D/P Act, 1961 is bailable in most of the states. Again State amendments comes to the rescue of some of us, but very few.

 

What other cases one want to file:

AFTER A LOT OF UNDERSTANING, I HAVE DISCARDED ADVISING PEOPLE TO FILE DP3 COMPLAINTS ANYMORE

120A/ B: Criminal Consipracy, What is the evidence that a conspiracy was hatched against you. Do you have a recording where they are shown hatching a conspiracy? Do you have some witness who has seen that they were plotting against you and gone ahead and taken some action?

191: Giving False Evidence
192: Fabricating False Evidence
199: False statement made in declaration which by law is recieved as Evidence
200. Using as true such declaration knowing it to be false
203. Giving false information respecting an offence committed
209. Dishonestly making false claim in Court
211. False charge of offence made with intent to injure

How can the above be done, without Evidence being done in your case.

321. Voluntarily causing hurt

Prove the same without being discharged. Can you?

378. Theft
380. Theft in dwelling house, etc

Did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

403: Dishonest misappropriation of property 
405: Criminal breach of trust

Again did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

499: Defamation
500: Punishment for Defamation:

Again valid only when you are discharged, though the application may lie before you get discharged too, but no proceedings would be allowed.

503: Criminal Intimidation
504: Intentional insult with intent to provoke breach of the peace

What are the proofs for the same, any previous litigation? Or is it just a counter blast.

182: Giving False information to public servant:

On discharge naturally.

Then there are other cases, which might apply in very particular cases, and can be 307/ 323/ 377 etc., but without basis and unsubstantiated, it does not appeal to my sensibilities.

ANOTHER THING WHICH I ALWAYS SUGGEST, IS IF YOU HAVE A CASE, LET THE STATE FIGHT IT OUT FOR YOU. REMEMBER THAT IN 498A SHE CAN SIT AND RELAX, WHILE THE STATE FIGHTS FOR HER. GIVE HER THE TASTE FOR HER OWN PILL. 

Hence my dear friends, let's not try to bring cart before the horse or try to cross the bridge before we come to it. First priority should be to get AB/ Regular Bail for all family members. Then wait for challan/ charge-sheet and then till you get a chance tofile other cases.

One thing which I have noticed that at the start of the case against us, we are all fired up to file a counter case. And once the case ends and we win, what do we do? How many of us know of people filing 499/ 500 or 182 or any such other case. How many of us have given press release to stop other bitter-halves from filing false and frivolous cases? 

Are not we the same people, who did not vote and now complain of having a good-for-nothing government? If yes, let's keep mum and let things be as they are. We have no right to object, comment or criticize the government if we have not fulfilled our duty of voting. And we should not build air-castles, if we have no intention of taking things to there logical end.

The strength of the man is not in his words but in his actions. If you have it in you, get started, help others, file a PIL, an RTI, shoot letters to every possible place and educate people about menace. Your time would come to get even.

Regards,

Shonee Kapoor

PS: Just another mooring - GET EVEN, DON'T GET CROSS.

Shonee Sir,

The information is very helpful for us but in my case I had filled Petition under Sec 12 (10 (1-C) first then I filled a complaint in all concerned police stations that my in laws are threatning me for false 498 A case to which my inlaws replied to th epolice that I had tortured the girl for dowry on which the police of my in laws police investigated and found that there is no matter related to dowry.

Again in the WS filled by my wife under Sec 12 (1) (1-C) of HMA she has stated that her father had given me 8 Lacs Cash and have made expenses of more than 3-4 lacs.

So, pls help me with the information that how can I file Tax Evation Petition and where and also would the false complaint of Dowry Torture would amount to cruelty for divorce under Sec 13 of HMA as I have been allowed by the court for amendment and alternate relief under Sec 13.

Thank you all for your helpful comments on this question. Also thank you Mr. Shonee for a detailed reply. That animal (which law refers to as my wife) filed a false 498A on me and my family 18 months after leaving our house. Now the case is in High court (mediation). They are demaning 25 lacs in mediation to give divorce and close this case. She has also filed another 'interim maintenance' 125 CRPC case on me. We've offered 5-6 lacs (max.) as we did not take even 1 single item from the girl's family and they only spent 1.5 - 2 lacs on the wedding function. Now what can I do? This is extortion. Can I contact media (Aaj Tak, Zee news) or send a letter to Chief Minister or PM in this regard? What can I do to get out of this mess and bring their reality in front of public? Neither I can give 25 lacs, nor I would like to fight this false case. There has to be some way to get out of this? Please suggest. 

Dear Shonee

A good, detailed reply

Thanks and Kudos

Request your permission to blog your reply WITH your name on it 

regards

Subu

Rahul,

Simply file a Tax Evasion Petition with the concerned Income Tax Officer. To investigate the alleged expenditure, and let him take it from there.

You can get a sample TEP by writing to me.

Regards,

Shonee Kapoor

Arjun,

Write to anyone you wish, but the fight is at the table. So concentrate on the court cases in court as well. Don't dilute your action on that front.

Regards,

Shonee Kapoor

Subu,

By all means, you don't need my permission to blog anything I write. 

Regards,

Shonee Kapoor

Someone is asking TEP but has a filter of Boxbe. Please remove that fileter for yourself, I don't have time to get approval to reply to your emails.

Hi Shonee,

Thanks for helping people out here through there difficult time. I am one such victim of 498a. 

I am on bail for almost 4 months now. The police are yet to file the chalan. My wife haven't given any solid proof against me. she just FIR a typical 30 point 498a complaint against me,my parents and my relatives. Other have been removed from the chalan except me. 

Me and my wife lived togehther after marriage in India for 4 mths, and then my wife moved to US by her company and lived alone for 4 months, and then i joined her there and started working in the same company and we lived togehter for 4 months and then I called police one day and moved out because of everyday fights. I have come back to india but she is still in US for 10 months. I came back to india and filled divorce case and then she came back for couple of weeks and filled FIR against me. She is till living and working in US.

I read various counter attacks we can do in yur previous reply.  Mistakes my wife did.

1. In the FIR in first point she mentioned a date 15th july  when we all together beat her up. When in fact we both were in plane coming back from honeymoon. And returned on 16th July. This is a big lie. She has mentioned this date in FIR and DV case.

2. She submitted fabricated email chats to the IO to show that i used to abuse her and asked her for dowry. After repeated request to police they looked into my email account and I was able to prove that she has fabricated the emails.

3. I also managed to record a conversation where she is abusing me in very filty language.

4. I also managed to record a video where is abusing me and slapped me. I showed this video to the IO and she was immediately convinced that she is a girl with bad temper.

5. They posted a small news in local newspaper which said that girl harrased by inlaws for dowry and mentioned everyones name.This has caused temendeous damage to our reutation. 

6. She once consumed cold cyrup and had to be admitted in hospital in US. Now she has said that I tried to kill her and one office friend came and helped her. Infact no office friend came. This is big lie she has said.

7. She has made other small statements which i can prove wrong by the emails exchanged between us. 

8. She has multiple times said sorry to me for her misbehaviour in emails. I have submitted these emails to police.

9. She has never ever transferred any amount of money to my account. 

10. They claimed to give many small items in marriage when infact nothing was given. I proved this with the marriage photgraphs. 

Overall they have not given anysubstantial evidence about anything...have merely alleged all this. 

Police says that they have to submit the chalan even when they dont have any proof with them. I am yet to see what they have written in it. 

The girl is in US and is avoiding attending my divorce petetion. It is already 10 months and they havn't even submitted a reply. 

Do the court have any jurisdiction when the girl is living in US for more than 12 months before filling the FIR?

What should I do now...how can I put them on back foot?

Thanks in advance for your help.

Akash Deep, I just read your reply. Though I am not that technical with law but whatever I have learnt from my own experience is that you should try to compromise with the girl and their greedy parents. Its all about MONEY. Just try to know what their demands are and if it is something you can afford, go for it. Do not waste even a single day of your life (and of your parents) on such dirty and greedy dogs and b*tches of our society. All they need is your MONEY and fun in torturing you. GO FOR A SETTLEMENT and FORGET that person. She and her family WON'T BE ABLE TO digest your money and WILL NOT BE HAPPY for the remaining life of theirs.