Synopsis: I got married to my wife in 1996. It was a happy marriage. She was a housewife but because of my love, I bought my house in her name. I also made her a director with 50% shares in my company. In 2012, she became mentally ill and we visited psychiatrists with her family members. In beginning of 2013, her family convinced her to leave her medication and she started becoming delusional again. In June' 2013, her family made her file a complaint in the women's cell alleging forcible medication. I showed the medical prescriptions to the Police but still a case u/s 498a & 406 was registered because my in-laws had hired the DCP's sister as their counsel. They also made her file a case under section 12 (domestic violence). After couple of months, I filed an application in the court and put forth the medical records of my wife. The MM order Police to investigate all doctors. All the doctors confirmed that they had treated my wife and also that my wife's family was aware of her condition. In 2014, my wife came back with the promise of getting treated, but no hospital was willing to admit her because of cases. The Police dictated an application to my wife stating that she had joined her matrimonial house and filed a charge sheet. After this I filed an application seeking reception orders for my wife's treatment. The court asked the Police to take my wife to the Hospital but they couldn't and she went back to her parents place. All this while, my wife's family kept on stating in the court that she was fine. The court wanted to file charges against me but my wife had not appeared in the past 3 years and hence a notice was sent to her. Post that a notice was sent to her and her mother but no one appeared. Then bailable warrants were issued and the mother appeared and stated that her daughter was only physically well, had not gone out of the house of 04 years and remained sad all the time. The MM discharged me post this submission and the case was closed. In the past 04 years, I suffered innumerable losses - financial, status, reputation. My father died because of cardiac arrest because of the situation and my children lived without a mother. I now intend to file a criminal complaint against my in-laws for conspiring to steal my property and also my wife's property., for lying in the court and for hiding relevant information from the Police and need your advice on the sections applicable. I would also like to know whether I can complain against the DCP and if yes, then under what section and in which office- local police station or a higher authority?
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You can file complaint of criminal defamation against your in laws for maligning your reputation
2) also file suit for damages against in laws
3) don't file any complaint against DCP
4) if at all you want to do it complain against him to commissioner of police
1. You can lodge police complaint against your in laws for the illegal acts committed by them as has been narrated in your query and also u/s211 of IPC for lodging false complaint against you with the motice of causing damage to you which has been proved to be false later on.
2. The DCP's sister was hied as the counsel of your wife for which neither his sister nor the DCP can be prosecuted by you unless direct illegal acts against you committed by the DCP can be proved by you with evidence.
Dear Concerned,
YES - you can file a case -You need not to go to police to file a case or complaint - Just file and application under section 340 of Crpc. against the persons involved in disturbing your peace. This application will be filed referring to the outcomes of the 498A case in which you have been discharged, in the court of same magistrate file this application. Your inlaws will be summoned for answering the same , as you being discharged is in your favor - you in law will not be able to give any defense and hence will be held guilty and be punished accordingly.
Best of Luck
1. you should file a criminal case under section 193 and 500 IPC for filing of criminal case on the basis of false evidence and for defamation.
2. your moral and social character has been assassinated by them hence they are liable to compensate all the losses incurred by you out of such false criminal case.
The DCP or the local police cannot be held responsible for all such dramas enacted by your wife side people by bribing all level people including the court staff with false cases after case agaisnt you.
Well if any police case was dismissed and proved to be a false case, then you may file a case agaisnt the concerned police for malicious prosecution.
You may plan to file a defamation case against your in law for all the damages they have done to you by such false cases.
But you my have to draft the complaint very properly since the matter is sensitive and it should not backfire.
