My chargesheet has submitted in court with 498a,406,323/34. In my case 4lac was deposited by father in law in my account after marriage for purchasing a car. It was not demanded by me and I have series of documentary and electronic evidences to prove it that it was deposited on their wish not on demand. I was arrested for recovery but this car or 4lac has not recovered by police during arrest. Now my question is
1) on the disposal of the case (after completing the trial) what action court might order on this. Whether I will be asked to return car or 4lac rupees to another paety?
Asked 12 months ago in Family Law from Jaipur, Rajasthan
You should have returned Rs 4 lakhs deposited in your account when wife filed FIR against you
2) it would show your bonafides
3) it is better you transfer said funds to FIL account after consultation with your lawyer
4) court can direct you to return said amount
In 498A case you are at the most on found guilty of offence u/s 406 would be sent behind bars and asked to pay fine but the court cvan ask you defray the cost of the car.
For this separate civil suit is required to be filed.
1. The case is against charges brought against you u/s498A,406,323/34 and all the said sections attract specific punishments.
2. So, if the charges are proved, you will be directed to refund the Rs.4 Lac with interest to your wife's father in addition to any punishment if imposed on you by the Court.
After the trial culminates in your conviction or acquittal the court will not pass any further order as it will be without further authority. It will not direct you to return the car or 4 lacs as this can be done only by the civil court in a suit for recovery. The criminal court has to only decide the guilt or innocence of the accused before it.
This is a criminal case and not a money recovery civil suit.
Under a criminal case, the fine amount may be upto Rs. 5,000/- only.
If there is no compensation demanded then the court may not impose any such condition towards compensation.
Therefore you need not bother about the alleged four lakhs rupees.
In fact you can fight it out by challenging their false cases on the basis of evidences and merits in your side.