Victim498A (Resource Manager) 26 June 2012

Prima facie in 125 crpc and dv case

Dear Forum Members,

I need experts help badly in my case. I filed divorce petiion on disertion and crueality grounds. After receiving summons my wife filed 498a case allegating I am demending Rs. 3,00,000/- additional dowry or forcing her to give mutual divorce. I was arrested, later release on bail. Later she filed DV case against me. In DV case she didn't mentioned any dowry related harrasement though the dates and incidents are same. The major ground for her DV case is s*xual harrasment. The entire complaints in both the case are 100% contradicting. She did not mentioned any dowry related harrasement in DIR or any pending complaints though she filed 498a prior to that. Her application protection officer or in DIR there is no dowry related harrasment thoeugh the dates and incidents are same in 498a and DV case. Later she filed petition under 125 crpc for maintenance and interim maintenance.

She did not mentioned in her petition u/s 125 crpc that she already filed 498a or she was thrown by me due to dowry related harrasment. Also she did not mentioned that she already filed DV case and was thrown her out of my house by me due to any reasons mentioned in various violences mentioned in DIR.

She filed DV case only for compensation and maintenance. Not for initiating any criminal procedure.

All the three cases (498a, DV case and 125 crpc) the dates are same but grounds are different.

I need your valuable suggestions in:

1. How can I come out of all above cases at prima facia stage? Her complaints and petitions are proofs that all are false cases.

2. Do I need to face two trails for maintenance under DV act and 125 crpc for different reason though dates of violence are same in two different courts?

3. When first she filed a 498a case mentioning that she was thrown out the house on harrasment of additional dowry, the DV case on different grounds for thrown her out of the house is valid?

4. Vague allegations in DIR and in Individual application to PO without mentioning specific Time of violence is valid?

5. In 498a she mentioned two dates of harrasment for additional dowry demand of Rs. 3,00,000/- or forcing her to give mutual divorce. The same dates mentioned in her DV case for different violence other than dowry related. No dowry related harrasmet in her entire application to PO or in DIR though the period, incidents dates are same. Can she claim compensation under DV act on same dates of violence in 498a for different reasons?

6. Can she claim maintenance under 125 crpc on the grounds other than mentioned in 498a or in DV case without mentioning that she already filed 498a and DV case?

Experts please help me. I am getting harrased by the above false complaints and I want to come out of this nonsense as early as possible.

The status of the cases are;

Police filed chargesheet in 498a, officially papers not given to me .

DV case - received summons, I have to file counter

125 Crpc - Summons received, I have to apear on Aug 3, 2012.

I heard that I can file discharge petition in 498a case based on DIR and individual application to PO. My advocate is not sure under which section of Crpc he can file it. Please help me. I will be really thank full to you all. May be this is peculair and first time all of you seen/listened such cases.

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9 Replies

Tajobsindia (Senior Partner ) 27 June 2012

@ Author,

Today I noticed (may be by server time out mistakes) your three queries which are still un-replied!.

Let me attempt to reply to atleast one (J) now;

First – Have patience - daily pray to Lord Hanuman and now take Lords’ leap to prove YOUR ‘innocence’ which you claim you are before the forum!

1. Discharge is done under S. 227, 228 of The Code (CrPC).

There is a recent landmark Judgment on ‘discharge’ which both you and your Advocate must study and make use of

https://indiankanoon.org/doc/68365/

2. Study below two good citations and share them with your Advocate which is essence of your several questions (as hints on how to go about it now)

https://indiankanoon.org/doc/909628/

https://indiankanoon.org/doc/1061764/

3. Do daily read of last 10 posts in Criminal law and Family law forum. Once you grasp / understood the Q & A therein discussed then ask a question again related to your case.

I expect an Indian Husband do be legally tasty so that HE now understands the gender biasness and act accordingly in Court of Law.

ATB
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[ATB = All the Best]

(Guest)

All the discripancies which your wife has in regard to the cases she has filed as against you u/s 125 Cr P C for maintenance, 498-A IPC for cruelty and D V Act, can be used by you against your wife in Cross examination to defend your case. As regards Dischrge is concerned, ask your lawyer to prefer application U/s 239 of Code of Criminal Procedure.

As regards chargesheet is concerned, thats your right to get from court. if not, then you can apply for certified copy of the same and prefer application for discharge. Make sure that you prefer application for discharge before charge is framed as the position has changed subsequent to 1999 Judgment delivered by Apex court.

All the contradictions those are there in the petitions preferred by your wife, please dont high light the same in your reply and dont try to alarm your wife by the same. You can as stated above always use it as sheild for yourself and cross-examine on the basis of cross-examination.

1 Like

Victim498A (Resource Manager) 29 June 2012

Thanks Tajobs and Yougesh for valuable information and suggestions. I will ask my lawer to follow this.

Can I quote the contradictions in DV complaint and Complaint u/s 498 A in my discharge petition?

I heard discharge petition can be filed only on the basis of complaint, chargesheet and other documents received by court.

As far as DV complaint is concerned she did not mentioned any dowry related violence or dowry demand though the incidents and dates are same.

Can I include the documents related to DV case(her individual application to Protection Officer, DIR) in discharge petition? If so, under what section I have to file discharge petition?

Victim498A (Resource Manager) 29 June 2012

Thanks Tajobs and Yougesh for valuable information and suggestions. I will ask my lawer to follow this.

Can I quote the contradictions in DV complaint and Complaint u/s 498 A in my discharge petition?

I heard discharge petition can be filed only on the basis of complaint, chargesheet and other documents received by court.

As far as DV complaint is concerned she did not mentioned any dowry related violence or dowry demand though the incidents and dates are same.

Can I include the documents related to DV case(her individual application to Protection Officer, DIR) in discharge petition? If so, under what section I have to file discharge petition?

(Guest)

Dear Sudhakar,

Discharge application is purely on the basis of the charge-sheet on the basis of which you can make out a case before Court that the offence is not made out as against you and you are falsely implicated in the same.

You can file documents in the criminal case registered as against you. You can produce them at the time of discharge or evidence. However, when you draft the discharge petition, incorporate all the points i.e. contradictions and ommissions and support them on the basis of the petitions which she has filed before court to substantiate your case for discharge. Make it a point that you have a strong case for discharge. All the contradictions those are there in her case elaborating how the criminal case filed as against you is false and frivolous.

1 Like

(Guest)

Dear Sudhakar,

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Victim498A (Resource Manager) 29 June 2012

Dear Yougesh Sir,

Thank you very much for your great suggestions and words. Your reply is a great relief to me.

Really thankful to you

(Guest)

To serve, provide relief and guide is our duty. I hope you have your anxities at rest now.

1 Like

Victim498A (Resource Manager) 03 July 2012

Yougesh Sir,

In my 498A case police completed investigation in two days and only they recorded my wife, brother in law and

my own brother's statement. The chargesheet is just replica of their statements. No detailed investigation is made. Except my wife's, BIL and my brother's statements are cooked up. I know they have not gone to police station and gave any statements. Normally what would be the investigation period. FIR registered on 16th March 2012 and my wife statement on same day, BIL and my own brother's statement on 18th March, 2012. BIL and own brother statements are clearly showing the corrections in date of recording as 16th to 18th. Can I challenge this in my discharge u/s 239 crpc.

They did not visited/enquired any neightbors or my parents or inlaws place all of them are local places in Hyderabad just 10 km vicinity. The whole investigation is completed in two days as per chargesheet and statements. The chargesheet is replica of statements. After a month of deparing my wife, neighbours of my apartment went to my in laws house made efforts to re uninon. They did not told anything about dowry harrasment/I am drinker/ I living in Adultery. No bad allegation against me in mediation. She

She mentioned in her complaint that I broght one person as mediator and threatened her and my MIL. It is registered in FIR also. But in her detailed statement she did not mentioned anything about that and chargesheet also nothing mentioned about that.

Can I challenge this in discharge petition? The police investigation is not proper and not investigated completely. She skipped the incident in her statement and all?

The main problem here is all advocates whom so ever I met they are simply discouraging me as lower court will not dischage any one. I am not getting any one expert like you.