Ipc 406 not there with 498a

Hi Vikram,

Even in my case its same situation however no DV yet..so i guess they might be busy in drafting DV petition :-) ..

Regards

A1(498A)

Forgot to mention no demand of dowry/valuable items in 498A FIR ...

Yes,  I am surprised..not even a single word...of dowry..is mentioned...in the wife's complaint..and even in the statements by her parents and relatives...u.s 161 not even a single word mentioned...

All the statements, are cut and paste..even the words..the paragraphs..everyting is same...except their names and adresses...

Thanks to creative writers working in police :-)

There is one discrepancy in statement spoken and written u/s 161.  One of my relative's statement was mis interpreted and written against us. How can we rectify this ?

Please suggest.

Regards

A1(498A)

@Never Give Up

You have a good case of 498a Quash if there is no dowry demand allegations in FIR.

There are other sections in IPC for physical & mental harassment in which FIR should have been made.

@Vikram,

Legally,it is a persons liberty to lodge a complaint of IPC 406 whenever he wants,if his property is in the hands of somebody else.It will not help in Quashing either.

So you need to fight both 498a & DV on merits.

You can mention in your DV reply, that she could  have lodged IPC 406,if the property was really in my hands.

In reply,she can file fresh FIR in IPC 406.

@Chaitanyaji,

Sections mentioned in FIR are 498A,323,504,114. Is my case still fit for quash after considering this sections ? Please suggest.

If there is no dowry demand..then my FIR is also liable to be quashed....not a single word in the FIR...in DV I have replied..and judge ordered interim maintenance and the same is in the sessions court u.s 29 of the Act...and pending for the last 1.5 years..

I have also filed 239CrPC...for discharge since there are no dowry allegations...

Lets see..

Regards,

Vikram

@ Never Give Up

HC will order for 498a quash & trial in other secions will be maintained.

Dear Vikram,

Where you have filed Crpc 239 i.e in sessions court or HC?

239 CrPC has to be filed in the Lower court itself...with this your raise objections to the charge sheet...

If you feel, that by just glancing through the complaint and the FIR, 498a is not brought about, then you may raise objections by filing section 239 CrpC in the lower court..

Generally lawyers will say that discharge will not happen, it is also correct that discharge is not easy..it only happens when there is not even a single allegation, which points towards 498a..but you can try..

File a very strong and technical application..technical means, supported by at least 15 SC judgements....make it so technical that the Judge will also think 10 times before passing an order..

In my case, the 239 was filed in May 2011..but till date, the prosecution has not filed reply...and i feel the jduge will be very very apprehensive in passing a judgement (whether for or against you)..because he will know that since you are so technical, you will appeal in HC in case the judgement goes against you....

So go forth and file an 239 if not a single word of dowry in mentioned in the application...

Regards,

Vikram

Dear Vikram ji..

Will U please provide us the sc judgements..

It will help a lot to your victimiaed brothers..