• Perjury 340

Sir,
 My child marriage was done 20 years ago.Both sides never accepted child marriage and this relation was forgotten as per time but the girl filed false cases(DV&498a) against me and my family suddenly for extorting money only.Because i am in Govt.job.I saw her at woman cell(during counselling) first time in life in june 2017.I was forced(by threatening which video recording i have) to sign a false agreement for taking out false cases.Investigeting agency closed the case and produced negative FR in misunderstanding that all alegations were baseless and she never visited matrimonial home till now.Thereafter i challenged the false agreement in court and filed child marriage voidable u/s 12HMA.She and her family members threatened(i have voice recording) us to extort money.I reported police about this matter on 9.1.2018.She loadged second false FIR in January 2018 again.Then investigeting agency produced negative FR writing that accused was not present at the crime place and he was taking treatment for three days at hospital far away, that 15 lac rupees was demanded ilegally and that she declared herself as unmarried in her all Govt documents.The investigeting agency proposed action against her u/s 182/211 but she protested it.She filed crpc 125 on false affidavit saying that no source of income and in condition of dying,that she lived with me and cohabited permanently from 2013 to 2016 but in the same time she used to do teaching job permanently as unmarried girl at a private school(which documents by RTI i have) near her parental home which is far away from my place.She has B.A/Ed,M.A degree & computer diploma.I fond out that i gave the information against her and her family members at police station in which the police did action against only two of them under crpc 107/116 with which i am not satisfied because action was not done as per nature of crime and on the basis of proofs.Because she filed second false FIR and created new ground for action.
1.What should i do now?
2.Should i loadged FIR by court or police station against them taking new ground(her second FIR)?
3.Should i file crpc 340 on the basis of solid document proofs before 125 reply or simultaneously?
4.Or should i wait hearing crpc 125 interim?
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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15 Answers

1. On the basis of false statement made in the complaint of 498A IPC , no case of perjury lies. However against her false statements made in the suit for nullity , you can file such petition.

2. Unless any crime is committed against you , no complaint for registration of FIR can be made against them.

3. You can file perjury petition simultaneous with your written objection.

4. Do not wait for interim hearing. Rather while filing the perjury ask the court to first dispose of your petition before hearing her interim petition for maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello

File a petition in the Rajasthan high court for a free and impartial investigarion in this Matter.

The court will issue directions to the investigating agency and it will do the needful.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You should contest application made under section 125 cr pc for maintenance

2) file detailed reply that wife is able to maintain herself

3) emphasis her academic qualifications and work experience

4) fileapplication against wife for perjury u Dee section 340cr pc read with relevant sections of IPC

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear client

File court complain of extortion and criminal intidimation.

File application in court u/s340 CrPC.

Waiting for hearing u/s 125 will start another round of litigation. If no maintainance order in your favour than she will file apeal and case will drag further.

At the instance of either party child marriage will declared voidable. Better pursue that case. Once marriage dissolved by court, all her cases will left remedy less.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file FIR under section 384, 506 for extortion and criminal intimidation

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir contest the 125 CRPC application on the merits further file an application of perjury against wife for filing false affidavit and statement in the court.

Further since wife is employed and earning therefore not entitled for the maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes a FIR can be lodged in the jurisdictional police station against the wife and family for threat intimidation, extortion,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File petition for quashing of FIR in high court on the basis of whatever evidences you have to prove yourself innocent.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Yes you may go ahead and file a complaint, the complaint can also be filed for extortion and criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also bring this to the notice of the court where 125 case is pending.

You may also challenge the validity and maintainibility of 125 proceedings before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

you should file complaint U/S 383, 503.

Make sure you record (video / audio) such threats. Audio / Video evidence is admissible in courts and should your case end up in the court, it will be useful. Remember to not edit anything though (even if you think it is irrelevant) as the court sends the recording for forensic investigation where they find out if you have edited something. Credibility is lost in editing.

Record the phone conversations if there are threats on phone. Keep the original instrument on which you recorded intact.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Yes, you must do it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. IN this scenario you have to file a complaint under Section 340 CrP.C with a prayer to proceed against her for the offence of perjury.

2. Bear in mind that mere divergence in facts enshrined in two FIRs is not actionable under IPC, much less under Section 340 Cr.P.C.

3. For the offence of perjury to be made out there has ot be insurmountable evidence to prove that the accused has lied on oath.

4. You can initiate the proceedings under Section 340 Cr.P.C along with your reply in 125 CrPC.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1.What should i do now?

Let the police file charge sheet, you can file a petition before the trial court seeking reinvestigation under section 173(8) cr.p.c. for this.

2.Should i loadged FIR by court or police station against them taking new ground(her second FIR)?

No, you can challenge her cse properly in court on the basis of documentary evidence.

3.Should i file crpc 340 on the basis of solid document proofs before 125 reply or simultaneously?

Filing a counter to her 125 cr.p.c case is differnt to that of the perjury case, if she is lied on oath then you can prove that and file perjury case.

4.Or should i wait hearing crpc 125 interim?

You wait for her to give statement on oath before court.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Should i lodge FIR against them also because of money extortion,criminal intimidation and false agreement signed by threatening?

You can lodge a complaint against them for extortion, threats and intimidation etc. before the concerned police station.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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