Dear All,
My wife made allegations in 498A complaint (hand written by my wife) as below:
1. At the time of marriage wife's parents gave Rs.40,00,000/- worth agriculture land, 800 grams of gold and Rs.3,00,000/- cash to wife.
2. Husband and his sister not satisfied with the dowry and harassed saying husband side people lost alliance of worth Rs.1,00,00,000/-.
3. Husband use to harass wife to sell the property given to her by her parents.
4. Wife was not facilitated with phone to speak with her relatives.
5. In-laws use to call husband and advised.
6. When ever wife speak with her brother husband use to suspect her.
7. Wife got 4 weeks preganncy byt husband suspected her and publicized saying wife is carrying 3 months pregnancy.
8. Husband forced wife to abort her pregnancy.
Only the above 8 staements were made by my wife. Police registered case U/s 498A and D.P 3&4.
The Police charge sheet is 100% contradicts with complaint and has the below allegations:
1. Wife joined husband after 6 months to marriage.
2. Wife stayed with husband for 23 days at bangalore.
3. On the day wife joined with husband wife's brother purchased house hold itmes wo wife. Husband and his sister harassed wife saying wife was harassed for less house hold itmes purchased by wife's brother. Also additional dowry is demanded.
4. Wife got 4 weeks pregnancy then informed to husband on May-20th 2008 (to this day wife stayed 22 days with husband at Bangalore) on 20th husband forcibly given tablets to wife to abort preganncy and locked in house. Nex day morning i.e., on 21st May-2008 husband opened the door.
5. Mean while wife called her relatives and her brother came to bangalore and asked the husband about the harassment.
6. Husband and his brother-in-law thrown wife nad her brother out of house by taking her gold from her.
7. Also when wife stayed with in-laws at in-laws house they harassed wife saying they will do second marriage to husband if wife fails to bring money by seling the properties.
The above 7 point only there in the entire charge sheet. Charge sheet is only of 2 pages with above allegations. No supporting documents were submitted to court.
Shall I go for discharge withthe following grounds:
1. Even considering the allegations in the charge sheet are true, wife lived with husband after wife was harassed for more house hold items on the first day of matrimonial house. This provide information that wife did not fell any danger to live with husband. Also it is not revealed that harassment is not continued. Hence the alleged harassment did not attract 498A IPC.
2. Wife failed to give details of harassment and also wife relatives and witnesses CrPC-161 statements do not reveal that there was any physical harassment happened to wife. Wife continued to live with husband proves even metal cruelty is not happened to her.
3. Till May-23rd 2008 wife carries pregnancy, doctor reports are enclosed. Whereas wife said to her parents that pregnancy is terminated at Bangalore by 20th May-2008 itself as per their CrPC-161 statements.
4. Police did not visit crime place, Bangalore and did investigation at Hyderabad for the crime happened at Bangalore as per wife and police charge sheet.
5. Police failed to transfer the case to Bangalore PS. Case charge sheet is filed without jurisdiction.
6. Police refused to investigate the allegations on wife’s pregnancy termination issue saying those allegations do not attract 498A (RTI reply).
7. Police refused to collect wife used cell phone call details (RTI reply).
8. Complaint allegations are false hence police could not get supporting evidences and also complainant allegations were not supported by her relatives and witnesses CrPC-161 statements.
9. Police refused to investigate the allegations at Bangalore and also refused to collect documentary evidences from Bangalore (RTI reply) saying the requested doctor reports and wife telephone call records are not required for the case.
10. Deputy Commissioner of Police opinioned (in RTI reply) that said wife allegations are false based on the docs submitted by husband.
The above points are some of the discharge grounds. Please comment on what is the % of getting discharged.
Thank you.
