498A IPC 3,4 DPA

[Sri renukadevi Industries]

Sir,
I have been married in 2012..from the day of marriage ..my wife started fighting with me to get separated from my parents..it’s been five years now..have a daughter..but she didn’t change..she keeps on arguing and abusing me and ma parents and used to leave.3-4 times elders from both sides had a panchayat and say she won’t repeat it again ..and used to send her back.again when my father isn’t well and got admitted in hospital..she again argued and left home..from then she’s being staying with her father and brother..nobody initiates to settle the matter from there side..seeing this my mom filed a DV case against my mother..seeking court to interfere and counsel her and change her..and for visitation rights of grandchild as she is not even allowing to see her..after sending her summons from court..the very next day she filed 498A IPC 3,4 DPA..against me ..my fathe,mother,sister and my uncle..my uncle doesn’t stay with us..and my sister is in abroad..and made false allegations of she bringing dowry of 20lac and 25 told of gold and demanding more dowry and abusing her..marriage is performed by us…she only bought 3 or 4 thola of gold..and after 6 months of marriage..she transferred amount of 6 lac…from her FD matured to me..as we bought land for future of kid..
What my major concern is that
1.with out couselling do police got right to file FIR..and that too without proper investigation?
2.as my sis and my uncle aren’t staying with us..wud it be problem for them?
3.would court directly believe these false allegations made regarding dowry and gold which they haven’t bought..and the amount which she willingle gave me through cheque..for buying land for sake of kids future..that too after 6 months of marriage..how could prove it?

[Dr. Ashok Dhamija]

Since offence under Section 498-A IPC is a cognizable offence, the police has the power to register the offence directly on the basis of the complaint without any counselling or without any preliminary enquiry. However, generally, the police may first try counselling in such matters, even though the power to directly register offence is available with police.

Investigation is after registration of the FIR and not before it. However, sometimes, there may be preliminary enquiry before FIR with the only objective to ascertain whether a cognizable offence is made out from the facts mentioned in the complaint. But, the proper and detailed investigation is to be conducted only after registration of FIR.

If there is evidence against your sister and uncle in the case registered by your wife, then of course, it may be a problem for them. If the police does not find evidence against them, they will not be charge-sheeted. At the same time, if you feel that there is no evidence against them, they can try for quashing of FIR qua them, or if the charge sheet is already filed then they can file a discharge application.

For the purposes of conviction, the court will believe the prosecution story only after proper evidence is led during trial stage to prove the charges. How to prove your side of the story? Well, that depends on detailed facts of your case on which I cannot make any comment. Please consult some local lawyer and show him all relevant details.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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