My brother(Suresh) who lives in USA, was married( in very simple dowry less marriage) to Shanti in India(Panjab) in 2008. After marriage Shanti told my brother that she was forced into marriage and not interested in Suresh. After Suresh returned to USA, Shanti went hell bent to end marriage and went to her parents home. Several meetings failed to convince her to come back or join Suresh in USA. Suresh was not agreed to break marriage and wants Shanti desperatly on any terms. Shanti and her parents started demanding 8 lakhs from us, which we refused as it was their fault for marrying Shanti forcibly and being her decision to break marriage.
Shanti's brother(Jaganpal) filed a false complaint u/s 498A with police, DSP(police) started harassing us on pretext of investigation. They have unimaginable political influence on police, and police forced my father(72 years old) to sign on "panchayti talaqnama" by threatening that if he do not sign on it they will slap police case u/s 498A etc. and arrest all our family members. The talaqnama was signed by village sarpanch of Shanti's village, her brother Jaganpal and four other people from Shanti's village, BUT NOT BY SHANTI. From our side my father, myself, my cousin and uncle was forced to sign on it. My father(who had suffered heart attack in those days) was also forced to give Shanti a post dated cheque of Rs.3.5 lakhs. The said "panchayti talaqnama" was neither signed by Sahnti nor by my brother Suresh, it was also not signed by any panchayat member from our side nor panchayat from Shanti's village affix their stamp/seal on it. It was only and only because of pressure from police on my ill dad.
My dad stopped payment of said cheque before it's due date and as Shanti's family knew they did not presented it in bank. But in between unsucessful talks were held to resolve. In the meantime Shanti also got divorce from court HMA13. My dad filed a case in court against Shanti and Jaganpal to nullify "panchayti talaqnama". After attending the court case( to nullify talaqnama) Shanti moved a police complaint against us u/s 420. Then again under polictical pressure from them, police recomended a case u/s 420 and 120B against myself, my dad, my brother(Suresh: who is not even present in India while said talaqnama was signed) and my mother(who is not even accused in Shanti's complaint to police) to force my dad to withdraw court case and give Shanti Rs 3.5 lakhs. But nothing recomended against my cousin and uncle who also signed talaqnama and made accused in sec 420 complaint to police. Police recomdations are on the ground that court case to nullify talaqnama/agreement was after divorce and cheque was stopped ( please note cheque was never presented by Shanti in bank, and Shanti did not signed said Talaqnama/agreement). No FIR is registered so far and it is only recomendation by investigating officer(DSP) to SSP.
Please help me and provide any case refrences on this:
a) When we were forced to signed on talaqnama and not signed by Shanti, is it hold any value.
b) When Shanti had not signed on talaqnama, is she still eligible to make police complaint against us u/s420.
c) When cheque was stopped before its due date and never presented(within validity) in bank by Shanti, does that stopage of cheque still attract sec 420, and 120B.
d) Is investigating officer is right when he recomend against me sec 420 and 120B while neither said talaqnama/agreement is signed between me and Shanti nor I gave any cheques to Shanti.
e) Is IO right in recomending sec 420 & 120B against my mother(69 years old) who never attended any meetings, neither signed talaqnama or cheque nor is accused in Shanti's application to police.
f) Is IO right in recomeandnding sec 420 and sec 120B against my brother who was not even in India, when said talqnama was signed.
g) In current complaint u/s 420 police had written a common statement, then asked my father and uncle to sign on it. (They objected, but were helpless before police rudeness.) Then IO recomended 420 & 120B against my father and not uncle.
