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sunil sunil (sv)     16 August 2012

False dowry case

I had lent money to help my in-laws out. This was done via documented channels (cheque). They later returned the money (again cheque). They have filed a dowry case against my entire family and are claiming the return to be dowry attaching documents. We were all arrested. They have not mentioned where they have got the money from. Police have been bribed and won't look at my bank documentation and tell us to deal with this in trial court.

Can I file any criminal case under breach of trust (ipc 406) or cheating since my own money is being used to harass me and my family? I don't want my aged parents to suffer through criminal court and am looking for another way out.



 3 Replies

Guest (Guest)     16 August 2012

Since you have documentary evidence to disprove the allegation of dowry it is a fit case to move HC for quashing of FIR u/s 482, subject only to a reading of the FIR. Don't file any counter case at this juncture. Once you are exonerated of the allegations you can sue them for malicious prosecution depending upon what is stated in the discharge/quashing order.

1 Like

sunil sunil (sv)     16 August 2012

My attempt quash failed because my evidence is not admissible, and the FIR hides the source of their money. The HC refused to look into my documentation, saying it is a matter of trial/investigation.

Guest (Guest)     16 August 2012

In that case you have only two options, either to file an SLP or face the trial.

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