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kunal   05 October 2015

False 354 ,498,dv & 125 case

Respected Members, 

Slapped by false 498A,406,354,DV & she has filed crpc 125 in the same court.

While i was in abroad,ahe was living with my parents & My father & mother has sent her the messages normally saying "Get up and lets go to moring walk" & other messages late in night as my mother was not well so insted of going to her room my mother sent the message. But she has taken those messages on another way and filed 354 case on my father and other cases of  498A,406,DV & 125. She has taken the print out of those messages which nothing called Sexually included but she says the time is too late like 12am or 4am in morning. I will get the charge sheet by next month. Will this print out of the messages will jail my father ? I am worried.

How to fight with this false allegations on my father of IPC 354? Please advise members. I

 

 



Learning

 7 Replies

saravanan s (legal advisor)     05 October 2015

not at all.once after getting the copy of the chargesheet consult with a lawyer whether you can go for quashing u/s 482 crpc along with an application for speedy trial.


(Guest)

Very funny. How this message can make out domestic violence Act case. You areeither hioding something or not able to communicate properly.

I again and again tell that in India even now in large number of homes women are being aharassed on avrious counts like Dowry inadequacy, s*xual assult, gender bias and boys looking for another girl for s*xual flings. Mostly it is sister in law and or mother in law who abet these crimes.

In most otheracses the routine family bickering s and fights due to incompatibility and ego, man and wman fight and the woman goes to PS to file complaint that isn routinely regeistered under 498A/406.Youn men and women watch out. Learn tolive in harmony and wityh coimmitment to each other. Life is too short. Not much comes out of these cases and you will lose couple of lacs and your mental peace.

prabhakar advocate (advocate)     05 October 2015

She has to prove that she received those messages on her mobile.  She has also to prove that the messages received from the phone owned by her FIL.  If she proves those two facts, then the needle of suspicion turns to her FIL.  MIL was not healthy enough not even in a position to walk down to DIL's doorstep to call her out for morning walk. Then how could she venture to go to morning walk.  Another thing for suspicion is that odd timings the messages were sent out out.  At 12 AM, midnight no one would send message to DIL for morning walk. The burden lies on him to prove there was no malafide intention in this whole episode.  If they have got anticipatory bail or regular bail, it is O.K.  Otherwise, they have to get it to obviate the hardship of pre-charge sheet ordeals.  

kunal   05 October 2015

Thnks fr d revert members and thanks @ Dr Rajendra K Gupta for your SATSANG.   @Prabhakar advocate, we all are on AB. Fact is my greedy in laws has filed the bogus cases against me and my family. The only mistake my mother done is that she has sent the messages to her to call her for help late in the night when she was not well there is not even a single message which attracts the section 354 against my father. As far as we talk about late night messages ,I think we all can call aur relatives during problems even late in night. I am just wondering wheather i should compromise with my wife to pay her money or should i fite the case on merit. 

I have sent the RTI to Police for the investigation report of 354 and on what ground that have declared 354 in FIR. 


(Guest)

Please dont make fun of those who advise you on this forum.What ever you are writing is illogical and abusrd. WE cant even understand what is your issue. Unless otherwise there are threats ,obsece material or demands in mobile message how any case can be registered. YOu dont mentiond etails hoenstly and completely.

Polcie cant do a damn thing. Most of polcie challans are dismissed in Indian courts. Conviction rate is hardly 5-10%.

I cant understand why your paretnts send message to go for walk in midnight . That is simply case of causing nusisance and harassment.

On one hand you say MIL cant walk to room and then how can one go for morning walk?

I think this is a thread which does not desserve any attention and needs to be closed.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

Every aggrieved husband describes the cases filed by the wife as false.May be true or may not be.I am analysing in a general perview.The husband never comes out with the true facts always blaming the wife and the inlaws.U are not aware as to what happened in UR absence..U have to rely on the version of Ur parents.This dosen't mean that every 498Aand DV filed by women are true.But the attitude or the behaviour of UR father as envisaged by U only raises innumerable doubts.I presume U are not comming out with the true facts.UR critical attitude towards the above expert is not welcome.

Now comming to those criminal cases all of U have to defend them with valid evidences and merits.

Law_Learner (Asst. Mgr.)     08 October 2015

False 354 ,498,dv & 125 case

Please could someone tell what "amp" means? I come across this term frequently on this forum. 

Thanks in advance.

 

LL


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