case u/s 12 (1) r/w 17,18,19,20, 21 & 22 of PWDVA of 2005

Tilak Marg Forum for Legal Questions Forums Criminal Law case u/s 12 (1) r/w 17,18,19,20, 21 & 22 of PWDVA of 2005

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 1 week ago.

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  • #4742

    Jkumar ags
    Guest

    Main allegations are-
    1.demanded and took crores of dowry cash etc,forcibly taking streedhan worth a few crores,demanded luxurious marriage.
    2. Physical,mental, financial torture after the marriage and during pregnancy and after the delivery of a girl baby. Respondents allegedly kicked her and forced to abort the child, before.
    3. All the respondents not visited and abandoned the petitioners [ wife and daughter] after the delivery.
    Evidences:
    1] No DIR, no medical report, no abortion, incidents allegedly happened in a foreign land and some where in north India.
    2] She is a qualified engineer , working in the family concern- as per her LINKED IN and FACE BOOK profile.
    3] Petitioner herself left the spouse place of work in a south asian country and settled in her parents house, not returned even when she was requested to join her spouse by the respondent 1.
    [3] Petitioner never stayed with the spouse’ parents since the marriage in 2013 Feb and hence there is no shared household with the respondents 2 & 3 as per the section 2 of DV act, case of Batra v/s Batra in Delhi HC.
    Case is running in CMM court since 2 years, with hearing every 3 – 4 weeks, still in evidence- objection stage and the respondent no 2 is attending the court regularly.
    Q1) What is the approach for the Respondent no 2 , to get the trial finished quickly, can she apply to Criminal Revisional Jurisdiction of High court u/s CrPC 401, r/w 482 and 483, and Article 27 of the Indian Constitution to give directions to lower court for quashing and for speedy hearing?
    Q2) Can the respondent 1 & 3 as NRIs, who can not visit the country, give POA to respondent 2, to appoint a lawyer and represent our case to the hon’ble judge and prove our innocence?
    Q3) When the allegations of dowry and streedhan are false, and if the respondents have taken huge amounts of cash, is it possible for any one to keep such huge amounts at home hidden and not declaring in income tax returns since 2013? All the 3 respondents are honest tax payers and are regularly filing IT returns since more than 10-15 years. Last month, Respondent no 2 has filed a Tax Evasion Petition and online RTI for the IT returns of the petitioner and her parents. She is waiting to get the reply still.
    Q4) Respondent no 3 filed a NC complaint against the petitioner’s parents and family as they were threatening on phone to kill/ maim all the respondents. The complaint was sent by regd post and email to the Police commissioner, xxxxx city and xxxxx city, DCP, SI of the concerned PS in 2015 Dec. What legal remedies are available to the aggrieved respondents?
    Q5) The petitioner also has filed a case u/s IPC- 463,464,468 and 420 cheating and forgery on the respondent 2 in Sep 2017, in sessions court, allegedly removed the petitioner’s name from the ownership in the sale/ construction agreement for a house still under construction since 2013 and yet to be registered. Respondent has taken the regular bail 8 months back and is cooperating with the police for the investigation. Respondent has a fear that she will be jailed for the alleged crime soon. Is her fears justified and will she be arrested and put in jail? If not acquitted how soon will she can be jailed and will it happen due to false or cooked up witnesses as the petitioner family is very rich and are already bribing the police with lakhs of rupees? Respondent has not done any thing wrong. tHE HOUSE IS FINANCED COMPLETELY BY THE RESPONDENTS and the petitioner has not paid a single rupee.She was added to ownership agreement for taking loans from the bank. Hence , her name was removed and the respondent had to add his own name, as the ownership was limited to 3 persons.
    Thanks,

  • #4751

    You have a similar question, which has already been answered at: False 498a ,506 cases on NRIs with Indian passport.

    (1) Generally speaking, it is not possible to expedite trials, due to huge pendency of cases. You may try, if you want, but chances of getting order in this regard are limited.

    (2) Usually, the trial will not proceed against the accused persons who are not present before the court. Sometimes, Section 299 of the Cr.P.C. is resorted to in such situations.

    (3) Cannot comment on facts of a case, i.e., where the cash money can be kept, etc.

    (4) For non-cognizable (NC) offence, you have to file a private complaint before the court concerned, since police has no power.

    (5) Cannot comment on the detailed facts of case as to whether the respondent will be jailed, etc. It depends on the facts of the case.

         


    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.

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