My wife has registered a false 498A against me and my parents. I have had a terrible experience of the manner in which the police handled my 498A investigation. They seemed only interested in finding avenues of making money through bribes rather than studying the counter-evidence I had shared with them. Now, the time is right to file counter cases. I have irrefutable evidence against my wife and my in-laws which constitute offences under the below mentioned IPC sections. However, I am apprehensive about dealing with the police as I would then have to register FIR (which is difficult for a man), for which I will have to file a private complaint (u/s 156 (3) CrPC), then give police statemtent (CrPC 161) etc.
S.199 False statement made in declaration which is by law receivable as evidence
S.200 Using as true such declaration knowing it to be false
S.500 Punishment for defamation (Criminal)
S.500 Punishment for defamation (Civil suit)
S.504 Intentional insult with intent to provoke breach of the peace
S.506 Criminal Intimidation
S.384 Punishment for extortion
S.389 Putting person in fear of accusation of offence in order to commit extortion
S.406 Punishment for criminal breach of trust
S.509 Word, gesture or act intended to insult modesty of a woman
My questions are:
1. As some of the above offenses are cognizable, is it mandatory for me to file FIRs in the police station? If you believe that an FIR in police would help or is absolutely necessary, which of the above offences should I mention to the police?
2. How would you suggest I combine the above offenses when I am filing the cases? Right now, I know that for Crimination defamation, I will have to approach the CMM (City Metropolitan Magistrate) court and for the Civil Defamation suit, I will have to approach the City Civil Court. I would request your guidance.
3. While filing the cases mentioned in Question (2), do you suggest that I send a legal notice to my wife and in-laws, or should I rely on the court to send the summons to them?
4. While settling civil suit, what is your advice for demanding public apology from the respondents for the defamation caused?
5. While settling civil suit, what is your advice for claiming compensation for punitive damages, legal expenses, etc.?
Note: I cannot wait for the acquittal in 498A to file the above cases as the above cases are independent from the 498A investigation and need to be filed now as they many not be maintainable after the end of my 498A trial.
Asked 1 month ago in Criminal Law