• Women Thana charge 341, 323, 498A, 34 IPC, 3/4 D.P. Act

Respected Sir/Mam, 

As I mentioned earlier my wife had filed the False Dowry Act & Domestic Violence against my whole family .thereafter I had taken the bail of all my family(my parents, 2-brother and my sister with her husband). 
and my bail has been obtained through Patna High Court, its a conditional bail(upto Sep.2017) in which i have to take back to home to my wife,while she had oneself left my home(15th June 2016) with her father and brother without intimate any of my family member.
and thereafter the Mahila thana had visited at my village home for inquire,but at At that time we were not at home,we were in Delhi.
now my hearing in the District court has started. and the Mahila thana has submitted the charge sheet to add the act 406, 504, 467 & 468 including with 341, 323, 498A, 34 I.P.C , 3/4 D.P. Act.
and in our hand,my lawyer has file Section 9 Hindu marriage act to take Anticipatory bail.

I really couldn't understand what is going on? on what basis they charged us in so many acts? is it so easy to blame any thing to any person?
Sir/Mam,i belong from a middle class family,my brother are still doing studies, i am only earning source of my family,i do a privet job a in Delhi. and i am not able to spend more in case or not take more leave from the job.
If i go to back my wife to home,and she tries to cut herself with a knife or harm herself in any way, as she tried this earlier.we all will be trapped badly.
Sir/Mam,This is my humble request to kindly suggest me how can get rid of this situation .My lawyer always console to be relax.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. Submission of charge sheet does not mean your conviction. it is Police report which police on investigation and on prima facie material finds that trial should commence against you.

2. So you can now challenge this charge sheet either by filing quashing petition in high court or by discharge petition in the same cour.

3.Since now trial will commence you may file petition in high court for relaxation of bail condition if you do not want to bring your wife back to home.

4. Nothing to worry as in trial your acquittal is a foregone conclusion.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1 police have after conducting investigations charged you with for having committed offence under IPC and DP act

2) litigation is long drawn and expensive proposition

3) case will take 10 years to be disposed of

4) you cannot be forced to stay with wife

5) 80 per cent of 498A cases are false and end in acquittal

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Querist

fight the case on merit if there is no chance to settled the matter amicably with her.

if there is any apprehension for mis-happening in future if live together then it will be better to fight and get an acquittal order with the help of legal professional.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Since she has filed the criminal complaint and appears to have bribed the police heavily, they have added various sections to make the case stronger.

However these charges appear that you have done them hence if you have some evidences in your side as well as merit in your case, you may challenge her allegations properly and defend the same

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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