Multiple accusations by wife and inlaws

**Vikram** (Managing Partner) 23 February 2012

I forgot to mention..

If the police is not taking the complaint..file a complaint under section 156(3) CrpC praying for an investingation..that your wife and inlaws are asking for money...

Also, talk to a criminal lawyer, good one, in your city...criminal lawyers generally have good contact with the police authorities..

Vikram

1 Like

(Guest)

@Author,

Rightly advised by Vikarm, Write a Detail letter to Local P.S with mark CC to All other higher Authorities. And Take Stamp of P.S.

Then here No need to give any testimony of Impotency at this stage,

Keep all evidence intact. Let them blame you for impotency, which will make a ground for you later for divorce under Cruelty,

When time arrives show them that you are not impotent wit Proof.

Don’t file for divorce at this moment, Frustrates them.. DO NOT REACT!! !

Go through above steps as suggested and if possible file Private Complaint Report for Extortion-WITH PROOF if possible as advised by Vikram, which will make them in defensive mode.

And be silent,

For more support Join SIFF and Visit www.498a.org

And for precaution apply for AB for yourself and for your parents,

talk to good Criminal lawyer.

Raghuram D (Engineer) 23 February 2012

Dear Mr.Vikram

Thanks a lot for you replies and many thanks to other members as well. An update from my side is one of our common friend has spoken to him and it appears that they now want to settle this issue infront of elders (elders in the sense people whom both of us regard well who belong to our community/caste).

As suggested by other members I was preparing letters and documenting the list of events so that I can provide detail information to my lawyer (which I am still looking for). With this development I was thinking if I should delay going to the Police authorities for a while and see how they react.

We dont want to maintain any relation with the girl/family and we are not ready to accept any allegations as well, as I have dont no wrong at all. I am only stopping to take the step back as I dont want to waste lot of my time and settle this issue outside court as suggested by few members.

Please advice if I am doing the right things/going in the right direction at this point of time. Once I take any legal action, I know I have a long fight for myself and my family.

Thanks for your time.

**Vikram** (Managing Partner) 23 February 2012

There can be nothing better than gett he matter settled out of court...but not at the cost of 10 Lacs or more..it is huge money...think about it...for what purpose are you supposed to pay??

There is harm in wrting a letter to the police as I have suggested...they will not make an FIR out of it..it will just be for information...you never know the intention of the othe side..

I would suggest, to be safe, do both..write a letter to the police station and give all the materials documents and talk to lawyer..and at the same time talk to them for settlement as well...

If you inform to the police, and have a copy, they cannot force you..otherwise, during the negotiation, they will threaten you and extract money...

And, but a small digital recorder...and carry it with you during the negiotation and settlement process...so that in case they ask for money..and threaten you...you will have it all recorded...

Vikram

**Vikram** (Managing Partner) 23 February 2012

I forgot to mention" NO" HARM in the sentence...

Read it as "There is no harm..............."

Vikram

Raghuram D (Engineer) 23 February 2012

Dear Vikram,

Thanks a lot for your reply. I will just do exactly as you have suggested. I will go for both the options. I am preparing the letter first and once done I will document the list of events chronologically so that my lawyer has all the information in support of my case.

I shall defintely record any meetings I/my family is going to have with my inlaws.

thanks a lot for your time.

Alok Tholiya (self employed) 23 February 2012

https://delhicourts.nic.in/Sep07/Mahender%20Kumar%20Aggarwal%2

0Vs.%20State.pdf

IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : INDIAN PENAL CODE

Date of Reserve: 20th August, 2007

Date of judgment: 28th September 2007

W.P.(Crl.) No.106/2007 & Crl.M.A. No.998/2007

Mahender Kumar Aggarwal ... Petitioner

Through: Mr. Jayant Tripathi & Mr. P.R. Agarwal, Advocates

Versus

State & ors. ... Respondents

Through: Ms. Rajdipa Behura, Mr. Vijay Aggarwal, Mr. Rajnish

Chopra and Mr. Rakesh Mukhija, Advocates

JUDGMENT:

1. This writ petition under Article 226 and 227 of the Constitution of India read

with Section 482 of Cr.P.C has been preferred by the petitioner for setting aside the

order dated 8th November, 2006, directing registration of an FIR against the

petitioner and for quashing the FIR No. 612 of 2006 at Police Station Connaught

Place.

2. A perusal of the instant FIR would show that the complainant alleged that the

he was a well-known builder namely M/s Ansal Buildwell Limited. Some dispute

was going on with the petitioner in respect of the deposits made by him regarding

booking in future projects. The petitioner started pressurising the officials of the

respondent company that they should give him Rs.50 lac over and above the amount

deposited by him in respect of future project at Panipat failing which he would

implicate the complainant/respondent officials in false cases and if the company

wants to save it from the cases, it should give Rs.50 lac extra. The petitioner had also

filed a complaint at Panipat in respect of the cheating committed by the complainant.

The complainant contended that it had also filed a suit for declaration, injunction and

defamation against the petitioner before this Court. In that suit the company

expressed its willingness to deposit the amount payable to the petitioner and notice of

suit was issued to the petitioner. The petitioner, on coming to know of the suit, got a

phone call made at the office number of the complainant from one Mr. Dahia who

told that a case was registered against the complainant officials in Delhi and soon

they would be arrested. To avoid the same, the company should pay Rs. 50 lac and

withdraw the other cases.

3. On the basis of above complaint, the learned Metropolitan Magistrate ordered

for registration of an FIR against the petitioner and the others who were named in the

complaint under Section 384/506 read with Section 120B of IPC. Section 384

provides for punishment of offence of extortion. The extortion is defined in Section

383 of Indian Penal Code which reads as under:

“ 383. Extortion.- Whoever intentionally puts any person in fear of any injury to that

person, or to any other, and thereby dishonestly induces the person so put in fear to

deliver to any person any property or valuable security, or anything signed or sealed

which may be converted into a valuable security, commits “extortion”.

4. It is apparent from the bare reading of this Section that in order to bring a case

under Section 383 IPC, it is necessary that a person be put in fear of any injury so as

to dishonestly induce the person to deliver some property or valuable security. In the

instant case, the complainant in the year 2004, through its employees and agents

publicized that it was in the process of developing a new townships in cities like

Jaipur, Mohali, Panipat etc and invited persons to invest in these projects. Allured by

publicity of agents of the complainant, the petitioner and 1800 more people invested

money with the respondent and the complainant collected around Rs. 40 crore. The

petitioner and others were told that plots, after development would be sold to the

general public at Rs.3500/- per square yards. But the petitioner and others, who

participated in pre-launch booking, would be given a discount of Rs.250/- per sq.

yard. It was also promised that the allotment would be made within six months of

registration of the application and if no allotment is made within six months, interest

@ 10 per cent would be paid on the amount. The petitioner and other investors were

addressed a letter by the complainant on 21st June, 2006 that the complainant

company had received no objection from Jaipur Development Authority. However, a

demand of 25% of the total consideration calculated @ 4750 per sq. yard was made.

The petitioner and others protested against this enhancement of rate and sought

certain information about the total area of land held by the complainant company at

the time of pre launch registration utilization of money received by the complainant

against such pre-launch registration from the different persons. The company did not

supply this information. The petitioner and the others plot seekers formed an

association and asked the complainant to be fair and allot the plot of land at the rates

as promised earlier. Meanwhile, the petitioner lodged a complaint against the

respondent company with the Economic Offences Wing of Delhi Police on 24th July,

2007. Petitioner and association of such other plot seekers also received certified

copies of the returns of the respondent company filed with Registrar of Companies

and learnt about several more facts and thereafter the petitioner association

approached Police Station Connaught Place with a complaint under Section

415,403,420,120B, 148 of IPC against the directors and officers of the complainant

company. Upon refusal of registration of an FIR, the petitioner made a complaint

with learned Additional Chief Metropolitan Magistrate on 30th October, 2006. The

complaint was filed by the respondent after the complainant filed by the petitioner.

5. Keeping in view this background in mind, I consider that the the learned

Metropolitan Magistrate, who was ceased with both the complainants, should have

disclosed his mind as to how a cognizable offence was made out in this case before

asking for registration of an FIR. The victims of a builder formed an association to

fight against the builder. The Builder had crores of rupees at its disposal collected

from the victims and on the basis of this money, he could fight legal battle against

the victims. If the victims give a threat to the builder that if their money is not

returned with compensation for wrongful retention, they would approach the

machinery of law and lodge an FIR or complaint, can it be called an 'extortion' under

Section 383 of IPC. Under no stretch of imagination a magistrate could get a case

registered against a person for such a threat. Every person has a legal right to

approach court of law or police for registration of a case. Whether a case is false or

truthful can be decided only after investigation and thereafter after trial. Merely

because the victims had given a threat of registration of a case and demanded a

compensatory amount from the complainant, does not amount to an offence under

Section 383 or 384 of IPC. As far as offence under Section 506 is concerned, the

alleged telephone was received from one Mr. Dahia and even in that telephone call, it

is alleged that he threatened either the amount be paid or a case shall be got

registered.

6. I consider that no FIR could have been ordered to be registered by the learned

Metropolitan Magistrate on the basis of such threats either under Section 384 or 506

of the IPC. It is a clear misuse of the judicial process by the complainant who wanted

to preempt the move of the victims to initiate legal proceedings against the

complainant.

7. In view of my foregoing discussion, the petition is allowed. The order passed

by learned Metropolitan Magistrate dated 8th November, 2006, directing registration

of an FIR against the petitioner, and FIR No.612 of 2006 registered against the

petitioner at Police Station Connaught Place is hereby quashed.

8. This petition stands disposed of in above terms.

Sd/-

SHIV NARAYAN DHINGRA J

(Guest)

Dear learned members,

Throw some light on : I want to take my estranged wife to renowed marriage councellers. Because I can not believe my FIL. His behaviour is a mentally sick behaviour. Now, I want to know, whether all the proceedings are recorded there,discussed between husband and wife in the presence of councellers. Later stage concellers want to call my in-laws too. If These, recordings are of any value in case our case goes to court? Have some weightage or not? Wheteher, honourable judges may ask for these records or I my self should present these records as evidence to show/ support my intentions. So, that in future, if need be, it may help judges to right decision.

Regards

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