Legal Question in Criminal Law in India

Respected sir,

i got married in august2007,my wife filed false 498A & DP 3& 4 case in june 2008,

in this case

I.she filed complaint copy no 1,stating i treatened to kill her at her parents house,luckily i had proof that i was not in her parents house,on learning she gave complaint copy no.2,i think police might have removed complaint copy no.1 from there records,but i have the copy of it ,it is in her own hand writing.

II.my case is still in FIR stage ,charge sheet is not filed

Sir

1.can i use compliant copy no 1 for going for fighting case by using crpc227.

2. Can i go for quash under clause justice delayed is justice denied.

Recently she sent her uncle for compromise with a message that :she is ready to join me,under condition that i would give in written that i would not be risk to her life ,and her life is my risk,actually i was never rude to her,should i give in written ,if i do so what are the legal difficulties i face in future.

I proposed that i would think over the offer if she and her familygives in written amount they have spent on us before during ,and after the marriage,amount they took from us(in reality they are very poor can't even afford her marriage expenses,so we spent that on there behalf),if they agree should i ask them in bon paper/is it sufficient in plain paper in there own handwriting,how far it would be useful to me legally.

2.I also asked them to summerise all the incidents between us,if they do so, will it would be useful to me legally.

kindly advice me


Asked on 4/06/11, 3:05 am

1 Answer from Attorneys
lokesh sukhwani Lokesh Sukhwani & Associates

1. Yes, you can use complaint no.1 as the second compliant is imrovement and is after thought.

2.Quashing is not possible as there are other incidents also and there may be entrustments of istridhan allegations also, so complete ingrideints of the complaints are required.

3. The conditions told to you by your wife are vague and she may use all these against you, as there is admission on your part, so i dont suggest you to go for the same in writing, otherwise you can write down you compromise in simple language, which your lawyer can draft on your behalf.

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Answered on 4/13/11, 7:29 am


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