Daughter marriage take place under 420
My daughter married to my son in law on the ground of information provided by my son in law on matrimony site. All the information provided by my son in law and his family was false and fabricated written ( e-mailed) information regarding his house, salary ,qualification and health. We have proofs of his email copies.After the marriage my son in law and his family asked for money and forced my daughter to take personal loan and transferred to my son in law account,purchased items with the help of credit card of my daughter and sold it for cash to others, purchased car on EMI taking loan from bank on daughter name,bounced cheques for payment of flat booking on my daughter.s name, taking loan from my daughter.s friend etc by my son in law. My daughter filled case in CWA and as per CWA recommendation FIR filed against my son in law and his family but police didn't filled any case under section 420. The FIR filled under section 498a, 34 and 406 only , We made several request to police to file 420 case against my son in law as to get married to my daughter ,he has provided fraud & fabricated information about his salary ,house, social status, education, health & hiding facts of his past.
Kindly advice how to file 420 case against my son in law.
Asked in Criminal Law from Delhi, Delhi
1. Your daughter can file a Writ Petition before the High Court against police for its inaction in putting section 420 of IPC seeking justice,
2. Your daughter can also file a petition for annulment of her marriage since her consent for the marriage was obtained by her husband by suppressing vital facts.
Please consult a local criminal lawyer and if police has not filed a case under sec 420 of IPC,then file a complaint case in the Court of Chief Judicial Magistrate and if the court is convinced based on proofs and witnesses then cognigence will be taken under Sec 420
There is concealment of facts which is not come under cheating hence 420 of IPC will not be applicable.
Advocate, New Delhi
1) if police refuse to register FIR under section 420 of IPC your daughter can file private complaint before magistrate under section 156 (3) to direct police to investigate and submit report
420 IPC is undoubtedly applicable in these facts and circumstances. Your daughter can directly file a private criminal complaint in the court to incorporate s. 420 in the FIR whereupon the court can pass orders to police to add 420 IPC.
You have to file petition under 202 before the magistrate court.Magistrate is directed to hold an enquiry Under Section 202 of the Code, in the complaint of the complainant against accused .
Section 202 in The Indian Penal Code states that ; Intentional omission to give information of offence by person bound to inform.—Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Please file a complaint to the magistrate under 156/3 for filing registering your complaint for 420