Hello Experts,
My wife filed IPC 406 against me seven months back in court and judicial magistrate asked the police under crpc 202 to inquire the matter and submit the report. Thereafter the matter was held in police station for 5 months and police gave a reason that due to election arrangements they were busy and could not conduct the investigation. I am U.S. citizen and i live in U.S. now my inlaws know that i visit india every diwali so due to this misconception they holded the matter in police station. But after Christmas vacation when i didn't go to india the police started investigation as court sent them a notice to submit the report as soon as possible within the given period. Then the real torture started my inlaws and police started harassing me and my family members because their name was also included in the complaint. Police demanded 20,000 Rs from me to resolve the matter but on contrary i called Anti Corruption Bureau to inform about the harrassment. So a trap was setup and the A.S.I. who was inquiring the matter was caught taking bribe and he lost his job now. After that another A.S.I. took the matter in consideration and inquired the matter forcing me to come india. When i denied they submitted the report to court and then court gave a date to decide whether or not prime facie is made out. At first date, court gave another date for passing the order then on the second date my wife withdraw the application saying that due to "TECHNICAL REASONS" she is not willing to continue her complaint therefore she is withdrawing her complaint and there was no mention of Crpc 239.
1) Now in police inquiry there was nothing mention about stridhan and all she mentioned was that she filed maintenance and she never got any maintenance for me.
2) Most important part was that our marriage was not registered and the lawyer who conducted the marriage just made us sign on marriage memorandum and gave us marriage certificate however we never went to court for marriage registration (Can this be the reason for withdrawal of complaint because during police inquiry we mentioned that marriage registration did not take place)
3) In the police report my wife mentioned that we demanded 1 lakhs fifty thousand from her and her family members and witness also said the same lie.
4) When police questioned her about marriage photographs she said that she doesn't have any photographs but she knows that marriage took place.
On our end,
Accused were me,my mom, my dad, and my maternal uncle out of everybody only my maternal uncle is in india rest of us are in U.S. so police mentioned in the complaint that A1,A2,A3 are out of india and could not inquire the matter but A4 states that marriage registration did not take place and if it did then court should question my wife to prove that marriage took place. The whole matter was going round and round of the marriage taking place but when my uncle questioned that I.P.C. 406 is all about criminal breach of trust as far as stridhan is concerned the police were just saying that whatever womens say is true and they have to go by that and it has nothing to do with stridhan.
I want experts to clear my confusion and please help me clear my doubt. While the matter is withdrawn from court me and my family members went through hell and therefore i want to find out what exactly went wrong for the opposition ?
1) is that the resaon prime facie was not made out she withdrew her complaint ?? or is it court who decided that the case is groundless (But there is nothing mentioned about crpc 239 for the case to be groundless) ?
Can wife withdraw her complaint just by giving a simple application saying that due to technical reason she don't want to continue ? is it this easy for her to file a complaint, harass opposition, and then withdraw the complaint whenever she likes ? Why is it that court did not question her about any withdrawal ? She has just mentioned due to "technical reasons" i do not understand this i would appreciate if experts can clear my doublts.
