Criminal Law

Entire family roped in a domestic violence case: How to quash? My son got married on 16th Sep 2021. The girl stayed with us only for 18 days. She left for her place on 13th Oct  and did not return till date. Now she has filed a petition under Section 12 of the Domestic Violence Act 2005. Ours is an absolutely ethical and orthodox family. Therefore, no demands were made and it was a simple marriage. My son is well placed in the IT industry.

Prosecution launched without obtaining sanction from the government under Section 197 crpc? I am a police inspector and being a police officer I have arrested four people when they were gambling IPL match. Total thirty nine lakh sixty eight thousand was recovered from his possession along with twenty seven mobile phones. They make a complaint to the superior officer that I have stolen one crore fifty lakh rupees from their possession. Which is false and frivolous. 

Now the officer has lodged an FIR against me, three sub-inspector and nine constables. The police have filed a charge sheet. The Magistrate has taken cognisance. My advocate pleaded that the prosecution is against the provisions of Section 197 crpc because cognisance has taken without a valid sanction from the state government. The court has rejected our plea. Please suggest in the circumstances of my case.

A man is threatening a woman on revealing the truth to her family. I’m a husband. I’m writing this for my wife. She had an affair with a person and she also helped him with money in his difficult time without informing me. Few days back she apologised and agreed to her mistakes. Even though I have forgiven all her mistakes, I still love her so much. Problem started when she asked her ex-boyfriend to return money which was given before. Ex-boyfriend started threatening her saying he will reveal all the things with family and friend circle. 

We are not even sure whether he is having any proof pic msg or videos with him to ruin my wife’s privacy. So we are afraid of what to do if he tells or reveals anything with my/her parents. Since they are orthodox family. We would like to know what are all the legal possibilities. We have to  stop any threat from him and this matter  shouldn’t reach any other person in our family. Please advise

Can I file a case under Section 340 crpc for filing a false affidavit? As per affidavit in domestic violence case on 8/9/2017 ,my wife stated that my mother lodged a fake case of blackmailing and extortion in PS on 6,7,2016. but no such case was registered by my mother in the police station on the above-mentioned date. In PS my mother lodged a complaint against my wife and in laws under crpc 107/116 to prohibit them from coming and harming her on 24/6/16 after my wife and in-laws came and physically harmed my mother on 29/4/2016. 

The sdm bound them on 28/6/16 Moreover my mother lodged a case in session court on 27/6/16 under Section 341,323,34 against my wife and my in-laws and in that case my wife did compromise. My wife was the first party in that compromise. So my point is the case was fake or not, is decided by the court, not by the party. And no such decision was given by the court. In the above-mentioned case In Session Court the case was closed on the basis of this compromise. 

And the police also filed FIR in that case, but put FR on the basis of this compromise. So my point is the case was fake is a matter that should be decided by court and not by my wife and my wife in her affidavit in domestic violence on 8/9/2017 said that a fake case was registered by my mother under above sections. So can I file section 340 against my wife?

Sir, What happens if a driver is not holding a valid driving licence at the time of accident? If the complainant is 72 years old and has no valid driving licence at the time of accident, what is my accused liability in a criminal case? I have all documents completed so what happened sir in the criminal trial case. 

One of the Individuals filed a private complaint against me. Case was for change of Date of Grampanchayat assessment copy of house property from 2013 to 14. Same assessment was presented in the court by us for filing a suit against him for easmentry right. Court ordered for invitation under 156(3). FIR i.e. report filed by police in the court. Court passed order to re-registration of Report & private complaint is disposed of.

Now complainant manage to got Case reregistration of private complaint with all other papers and Report, instead of only Report itself. We have received notice therefore appeared in court. Question Now question is 1) Since private complaint is disposed of as per Order then how complaintant can register the same second time. 2) What will be our future stand to take. 3) Can case for Contempt of court Order be filled against complanent? 4) Matter is at Kolhapur Dist in Maharashtra, where to file? 5) What are other alternatives?

In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing troubles.  

Can I file a complaint against the family court?