Legal Question in Criminal Law in India

ipc 307
I was booked under a false 498a case by my wife. My wife and in-laws are threatening to murder me for my property. They have forcibly occupied our house and they have man-handled me and my mother. Recently, they have confined me in my house and black mailed my mother to extort her money. I escaped from the captivity and during that struggle I was hurt on the head by a stone by my wife and her parents. I lodged the complaint and police have booked them under these sections - 324, 342, 504, 506. They have bribed the police and with the police help they are still living in our house. For our protection we came out of the house. They are threatening to murder saying that they will get my property after my demise. I have got a WILL written but I am still worried about their cruel intentions. Is there any way to book them under 307? The house is jointly owned by me and my mother. Is there any way to remove them from our house?

Asked on 9/17/08, 4:40 am

6 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: ipc 307

i think its hard to make out a case u/s 307 but if you were hit at the head and there was a big wound, u may get a case u/s 308 registered for attempt to cause culpable homicide. but its better to move civil court and file a case of injunction restraining ur wife and her parents from entering your house or pressuring u to dispose off the property. once u file a civil suit, you will be at a better position. u may send in further details or call me at 9811284735, delhi

Answered on 9/18/08, 2:53 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: ipc 307

If your complaint disclose ingredients of offence of attempt to murder, then same can be invoked.

Answered on 9/18/08, 3:12 am

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Sanjay Shah Shah & Shah

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Re: ipc 307

file a suit for permanent injuction and possession.

also file a complaint under section 307 before the concerned police station and commissioner of police.

Answered on 9/17/08, 5:19 am

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: ipc 307

Hello.

You may file a complaint u/s 307 of the IPC before the police in your jurisdiction and to the commisioner of police.

Further you may file for a permanent injunction and possesion.

In case of need please contact personally alongwith the details.

Professional charges are applicable.

Answered on 9/17/08, 6:44 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: ipc 307

Yes, you should first file a private complaint with the Ilaqa Magistrate seeking direction to the police to investigate the case u/s 307.

Secondly, after your demise, your wife cannot inherit your house if you have already executed a will excluding her.

Thirdly, you can seek possession of the house and more particularly removal of your mother-in-law from the house. However, you will need to provide adequate maintenance to your wife and proper provision for her housing. Under DVA she is entitled to 'shared' accommodation as per your standard of living at the time of separation/dispute.

Answered on 9/17/08, 7:58 am

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