Offence under 498a, 307/34 IPC, 3/4 dowry prohibition act

[Anonymous]

We got married previous year in city A . We stayed together in city A for 2 weeks and I came to CITY B where I work . She was at city a for 2 months and then She along ith my parents came to city B. Since coming to city B, , nothing was going good between us . She always used to fight . She used to pressurize me for money , jewelry etc. even she had fought several times with my parents. somehow, I tried managing the situation . In b/w she become pregnent and for Delivery, she went to city A around nov time frame. This april, I though of bringing her to city B so that our relation improves. I booked tickts but in the mean time her mom came and started souting at station that I will kill her daughter and she will not allow her to go with me. She took my wife with herself and lodged a private e complaint under above section.

Names of accused : Me, my brother, my sister and my mom.

Reason: my mother , brother and sister forced her not to go with me and brough her to city A residence and started beating her. Also, with the intension of murder, they started to hung her with rope. It become very noisy and nearby person and her mother came and rescued her and took to the hospital .

Also, they have mentioned that on marrige they have incurred 24 lakh expenditure and as a dowry demand from us, her father gave 7 lakh to us.

How the proceedings will go in this case ?

On that particular day, my sister was not present in city B and alos my brother was not there.

[Mayjune]

tough road ahead mate! get a good lawyer and first of all get stay/bail. if you know your wife and her family’s primary intentions are to extort money from you and get you and your family locked up, beaten and bow before them, don’t get in the hands of police. You cannot trust anyone — it is a big — big messed up trap. You are lucky there is no 313, hopefully you will get stay on arrest by presenting your evidence.

[Dr. Ashok Dhamija]

If the FIR is already registered by police, the case will be investigated by police. Depending upon the evidence, the case may be charge-sheeted or closed or it may be charge-sheeted only against some but not all accused. You may cooperate with police and show the evidence (that you may have) to prove your innocence. You’ll have to fight the case on merits. Many of such cases are ultimately compromised. So, you may consider that option also, preferably at the earlier stage itself.     

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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.

[Anonymous]

She has filed the complaint directly in the court , so cogizance is going on. Last cognisance is going to happen in 27th June.So, I think there is no question of investigation.

Also sir , she has put my sister, brother names and they were not in my native city that time. Also, neighbors can tell court that such incidence of hanging her and beating her never happened as my parents were in another city for health purposes.

Also, her claim that she was not given food and all is entirely baseless .

I can show produce medical reports that i was always on time for her checkups during her pregnancy.

Moreover, her father claiming that his expenditure on marrige was 24 lakh and 7 lakh he gave as dowry after talking from his brother in law.

I have a state government document of his Low income group status where its mentioned that his income in year 2013 from all sources was Rs50000 only.

Also, I have a audio of her bad behvoiur against my family where she is talking non-sense regarding my family.

With all these, how things will go for me .

I am getting frustrated too much sir.

Please need you guidance.

[Dr. Ashok Dhamija]

It depends under what provisions she has filed the private complaint in the court. If it is under Section 156(3) Cr.P.C., then that may be for directing the police to register FIR and conduct investigation. If the private complaint is filed under Section 190 Cr.P.C., then the court may directly take up cognizance and then she (i.e., complainant) will have to examine her witnesses before the court, in which case the case will have to be proved by her. In the second situation, it will be more difficult for her to prove her case.

What you have mentioned is the evidence that you have on your side. Use this evidence as and when the need arises, whether during investigation or during court case. It is not possible to given any opinion on the evidence, unless one can go into details of the evidence of both sides. You should engage some local lawyer if you are not confident of conducting your own case and ask for his expert advice on issues in your mind by showing him detailed evidence.
     

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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.

[Ashok Gupta]

Hello sir,

I dont know under which section she filed private complaint . It looks like she has filed under sec 190 Cr.P.C,. After cognizance, court has removed sec 307 and continued with sec 498a and DP 3/4 act. Also, the court has issued directly WARRANT without sending any notice.
Does the judge can do this ?
I feel that my case is being influenced.
what can I do now ?

[Dr. Ashok Dhamija]

In a warrant case, the Magistrate has the power to directly issue warrant under Section 204(1)(b) of Cr.P.C. (please see below), and offence under Section 498-A of IPC is a warrant case:

“204. Issue of process.— (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—
(a) a summons case, he shall issue his summons for the attendance of the accused, or
(b) a warrant case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.”

If you have evidence to support the charge of the judge being influenced, you can apply for transfer of case by giving proof.
     

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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.

[Ashok Gupta]

Hi sir,
So, In my case where warrant is issued, police will directly arrest us .
What about supreme court verdict of no direct arrest in case of 498a case ?

[Dr. Ashok Dhamija]

Supreme Court verdict is about arrest without warrant by police. Warrant issued by the Magistrate is a different thing.

Secondly, there are two types of warrants, bailable and non-bailable warrants. Generally, bailable warrant is issued initially, which means that if you agree to bail, you can sign bail bond and will not be arrested in case of a bailable warrant and instead of that you will undertake to appear in court on the dates given.     

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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.

[Ashok Gupta]

Thanks a lot sir.

[Mayjune]

god! what are these women achieving by putting husband and families behind bar and influencing to get them beaten. Are THESE so called loving , caring wives? The shear mentality they can get this done for whole family is itself proof that they are lying and are money minded. Don’t you expect husbands to earn millions, what harm in you being asked to spend sensibly… ?

In genuine cases (most of the time) I think, one or two people in family could behave bad not the whole family. Women should realize by involving whole family they are weakening their case as judge is forced to think that the case is goofy or colored up for torcher/extortion.

[Ashok Gupta]

Friend, these are so called called well educated girls.
Even I dont know what she is going to achieve by all this.

[Ashok Gupta]

Respected Sir,

Since the warrant is issued, will it be directed to police station for an FIR ?
will we be given time to apply for AB ?
how the proceeding with go once the warrant is issued ?

[Ashok Gupta]

Can I apply for quashing as the allegations are absurd and with intention of talking revenge ? Need guidance .

[Dr. Ashok Dhamija]

There is nothing to stop you from filing application for quashing if you feel that no prima facie case is made out on the facts mentioned in the FIR / complaint.     

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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.

[Ashok Gupta]

Sir,

The court has issued NBW.
Is it fair ?
what can I do now ?

Regards
Ashok Kumar

[Dr. Ashok Dhamija]

If a bailable warrant is not successful in securing the presence of the accused, the court will generally issue the NBW (non-bailable warrant). You can engage an advocate and apply for cancellation of the NBW by undertaking to remain present before the court on the dates fixed. Even if NBW is executed and you are arrested and brought before the court, you can apply for bail at that time. Depending on facts and circumstances of the case, you may get bail. Since it appears from your questions that you are not familiar with basic legal procedures, I’ll advise you to engage some local advocate at your place so that you get immediate proper legal advice and are not taken by surprise on even petty issues.     

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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.

[Ashok Gupta]

sir,
court have directly issued NBW, no summons nothing. Directly after talking cognizance of complainant, court issued NBW.
At least, we should be summoned first .

[Ashok Gupta]

And sir, dont you think that enquiry under sec 202 crpc mandatory.
Here is one citation 🙂
I am residing in Bangalore which is outside the jurisdiction of Sitamarhi, bihar where case is filled.
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Enquiry under Section 202, CrPC mandatory even after Magistrate has taken cognizance after examining the witnesses
Punjab & Haryana High Court: The Court held that Section 200, Cr.P.C. provides for examination of the complainants and the witnesses by a Magistrate while taking cognizance. Once the Magistrate takes cognizance, he has to follow the procedure prescribed under Section 202(1) Cr.P.C. The examination of the complainant and witnesses under Section 200 Cr.P.C. is done while or for taking cognizance after which the Magistrate can either hold enquiry or direct investigation to be made, to decide if there is sufficient ground for him to proceed further. The Court said that enquiry/investigation is mandatory in a case where the accused is residing at a place beyond the area of Magistrate’s jurisdiction. Further it was held that the examination of the complainant and witnesses as envisaged under Section 200 Cr.P.C. cannot be equated or be a substitute for the enquiry/investigation required under Section 202 Cr.P.C. In other words such enquiry/investigation is mandatory even when the Magistrate has taken cognizance after examining the complainant or his witnesses under Section 200 Cr.P.C.
In the present case the learned Magistrate after recording preliminary evidence and without proceeding under Section 202(1) Cr.P.C. and without holding any inquiry, passed the summoning order. The Court held that the examination of the complainant and eyewitness alone under Section 200 Cr.P.C. cannot be held as an enquiry as prescribed under Section 202 (1) Cr.P.C. Admittedly, in the present case, no enquiry as prescribed under Section 202 (1) Cr.P.C. has been made by the Court and non-compliance of the provisions of Section 202 (1) Cr.P.C., which are mandatory in nature, the summoning order cannot be passed where the respondents are residing outside the jurisdiction of the Court where the complaint was filed.
[Dr. Jasmionder Kaur v. Raj Karan Singh Boparai, Crminal Misc. No. M-20260 of 2008, decided on October 3, 2013]

[Mayjune]

If you have evidences to prove allegations are FALSE, get a lawyer – ask your relatives, friends, anyone who knows a good lawyer. Talk to the lawyer immediately on phone for next steps. Don’t think about social stigma as people are going to know when police comes to arrest you. This is me one month ago but I did not have a NBW but a NB FIR and nasty police threatening me and my family to be taken to jail, get beaten and get on the table so that everyone involved could get their share of money. In my case, police came to arrest in 2 days after filing FIR so you might not have much time.

As far as I know, if you approach court with your evidences, you will get stay from court and notice to police that no action be taken against you and family members – most important at this point is to get good lawyer who can guide you in right direction.

[Ashok Gupta]

Hi Sir,

This is in continuation of above . District judge gave permanent bail to my sister and brother and temporary to mother. For me, he asked to return to bangalore and try improving the marital life. We came here on aug last week but nothing went positive. On next hearing , he cancelled my bail .Now, I have yo apply in HIGH court.

As my mother is given temporary bail, he has to go to report court every month .

My doubt :-

When can I apply for quashing of cognizance taken under 498a and dp 3/4 act as I have enough proof to prove my innocence ? Can I apply along with my bail application ? What is the procedure ??

Regards
Ashok Kumar

[Author]

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