Rajkumar (Engineer) 18 January 2014

Section 304b

Hi All,

I failed the divorce since my family and my spouse family having issues from the mariage itself. she want me to left the job and live with her family in their home town. i am not happy with that so i have sent the lawyer notice to my wife to come and live with me, but their replied stating to live with me in my working place. so i have taken the rent house and she came to that house on 6 month after baby born, and live only two to three weeks in that time she came along with her parents, that time they treated like i shluld not speake to my parents. she start doing cruelty like blackmailing me, it went to behind the limit for the reason i got kinfe gut in my left ring fingure. also we went to mediation in chennai HC i went to mediation aroung 5 times last date she won't come so the mediation got failed and we got AB againt 498A. In the mean time her father and bother given dowry case in their local station and chennai commissioner office but no FIR. Based on the petion i went for counselling in chennai commissioner office and their local station.

After the HC mediation got failed i waited for any postive thing but no lunk. they never come to me and speak. So i have apply divorce, i don't know the paper will reached her or not she got sucide on her house, since divorce or they parents or relative told something to make her to finish her life in her home.

After the dead their parents and brother failed the FIR under 498a and 306, but my advocate never done any positive thing, he won't get AB or safe to my family. i don't know he got dirvert to their side. we(my ,mother, father) got arrested and 23 days in jail. after we got bail and now the chagre sheet is convert to 304b. But we didn't receive the charge sheet.

The main thing is she never lived with my parents and with me atleat one single month.

Also my sister and brother in law living in separate place, but the police\their added my sister and brohter in law names in the fir. After they got AB.

I have documnts which i have exchanged before the HC mediation.

And i have given freedom to my wife for purchase the 2 and off lakh jewellery in her native place jewellery shop befor marriage. for that she given the plan to pay the money in installment since their jewel shop owner is her brother close friend. i agree that. why i am telling her this story since i have given jewellery befor the marriage since how and why i and my parents will ask dowry to her.

All this cruelty or harassment happened to me and family members. since they have more money and they given money in all the place (RTO & Police).

I want to know how my family members get out from this case. How CR quash will work here please give me suggestion and waht are things i need to do don't

All please help me how to get release from this case.

Thanks in Advance.

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4 Replies

Laxmi Kant Joshi (Advocate ) 18 January 2014

Rajkumar pl. give complete facts you are concealing the facts , what wrong you had done clearly state only then the experts can give you their valuable suggestios , in your post you had blamed police but as per case police had booked you in correct ipc sections and after suicide they had converted it into dowry death u/s 304 B ipc it means your marriage has not completed 7 years , you had blamed to your wife and her parents , you tell one thing if you had not done wrong with her then why she had commits suicide , you had sacred her after stab knife in your finger , had not police booked you under arms act section 25, 26,27/54/59 for your that act pl.answer truly.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 January 2014

Dear Querist

as per section 304 B the police converted the right sections, the main defense for you is to break the presumption as mentioned in section 113B of Indian Evidence act in trial. there is no other option.

secondly if in her previous complaint the name of your relatives is mentioned or not it is also important.

Feel Free to Call

Rajkumar (Engineer) 24 January 2014

Hello sir, I am not hidding anyting here. she and her family members want me to left the job and come to stay in her home that is the main reason for us. for that she did all wrong things to me she never came to my house after married. she came only after baby p*rn that to my work place house. she did suicide after one year separate from me (means i only sent the first notice to her on may 2012) after i applied divorce on june 2013. my parents and my sisters never spoke to her because my parents are in my home town and my sister got married before me and she living with her husband. I am not make her sacred she make me sacred taking knife with her hands and blackmailling. no compliant for that, also in previous AB for 498a no fir for us.

She lived with her parents in her native place only not with me after the marriage since they told she want studied teacher training in her native place they told us after the petrothal completed. so we agree to stay, after baby p*rn also she not interested to came with me. aftger so many discussion she came to my work place house with her parents and she will stay only two weeks and went again like that she did two times. in that time i should not spoke to my parents if i talk no food for me. i gone through this so many times. after only i start issue the advocate notice. even they replied after one month in the first notice also they never told about dowry. please give meyour contact no. so that i will call you and explain all.

Rajkumar (Engineer) 24 January 2014

Thanks Nadeem sir. There is no FIR in previous they use local police and they told if i am not agree with her terms they will put the dowry case in my family, for that my advocate advice we gone for AB my self and mother and father no AB for my sister and brother in law. aftr she suicide the put the case and failed fir to in ,y hole family.

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