Criminal Law

Indane distributor committed fraud

I am a consumer of the Indane an Indian oil petroleum gas service, i.e. Indane. My distributor committed fraud by issuing several connections without having the authority. Later on, the Indane has terminated his agency and transferred all connections to another distributor. Indian oil has ceased my consumer number by stating that distributor issued it without any authority.

Further investigation is being conducted with mala-fide intention

My girlfriend has filed a false case of sexual harassment. She filed FIR under section 354 A of the Indian penal code. Indeed, she induced me to establish a sexual relationship with the sole purpose to extort money. I trapped on the web; I had sent some WhatsApp messages that exhibit my lust.

She filed FIR for rape by those messages. She wants to extort money from me. Therefore, she made such false allegation. When I did not fulfil her demand, hence she made such allegation. I’m not committed any offence.

Now the investigating officer has initiated a further investigation to collect evidence regarding the offence of rape. What could I do against the further investigation conducted by the investigating officer? Do I have any other remedy?

Dowry death and cruelty

My daughter died in strange circumstances. Her in-laws demanded dowry after the marriage. I could not fulfil their demands but tried my best to achieve as far as possible. I have sufficient evidence to prove that they demanded dowry otherwise ready to face dire consequences.

By and large, they were unhappy and called a meeting for settlement. I have so many messages about the incidents of cruelty. They tortured my daughter to compel us to give XUV 500. Mainly her husband and his parents are responsible. I want to know what is the law regarding dowry death and cruelty.

What will you do in an improper investigation

I filed an FIR for the offence of cheating. My friend took some money from me and now refusing to pay. He told me that he needs some money for her sister’s marriage. I had faith upon him and transferred money online in his bank account. After two years I asked him to pay the said money then he became violent and refused to pay. I inquired about his family and found that he has no sister. He cheated me and took money on a false promise. He has good contact with police officers. Therefore, the investigation is pending since last year.

POCSO: School principal did not report the offence

I am the principal of inter-college. One day peon of the college committed rape on a student of class eleven. Her father reported the incident to me on the same day and asked to file FIR. I thought that it might disrepute our institution, therefore, trying to compromise the matter. Eventually, he filed FIR and also made me an accused. Did I commit any offence under POCSO?

Cruelty committed in UK by NRI husband

My husband is a British citizen, and I’m his wife, an Indian citizen. We married on 6 May 2018 in India. After that, my husband was doing my visa of UK when he left India after marriage to the UK. I got my UK visa I went to the UK, and I lived there for two months.

There I was harassed by my husband. Then I said to my parents living in India, and then I was called to India by my parents, and my husband and I came to India. Moreover, then my husband went back to Uk without informing me, and now I m in India, and my husband is in the UK, and he is not receiving my call and messages. No support from there family and his whole family is not accepting my request and message. My mobile, passport and document are with my husband. Please, can you help me with what I could do?

Invalid sanction under Prevention of Corruption Act

I am an accused of the offence committed under section 13(1)- (c)(d)(e) of the prevention of corruption act. When the case was filed, the FIR was not coupled with a valid sanction of the competent authority. Therefore, I opposed the cognisance taken by the special court constituted under the prevention of corruption act. Later on, prosecution approached the state government for granting a valid sanction.

Consequently, the competent authority of the state government granted a valid sanction and prosecution submitted it before the court. Now I want to challenge this second sanction issued against me. What is the possibility?

Paternity of child can be decided by DNA test

Can DNA testing decide paternity of a child? I want to get paternity check of my child through the court because I think that my wife had a sexual relationship with a man before the marriage. Her paramour is also working in Bangalore, and he used to contact her via...

Compromise in matrimonial dispute

My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have reached a conclusion that we should settle our disputes out of the court, hence, our disputes have settled. Finally, I want to know what procedure should I adopt to settle these cases?

FIR quashing on the ground of false allegation

My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have reached a conclusion that we should settle our disputes out of the court, hence, our disputes have settled. Finally, I want to know what procedure should I adopt to settle these cases?

Quashing of non-compounding case when parties are settled their issues out of the court

My wife has filed a false case against me to compel me for meeting her demand. She is not willing to live with me because she has an affair with a man and she wants to live with him. Her parents are also taking her favour therefore they demand a huge amount of money for mutual divorce.

I was unable to fulfil their demand so that they started fighting and threatened me to face dire consequences. After some time, she approached me to return all the goods and money expended in her marriage. I denied returning a single penny because it was unfair to demand.

Thereafter she filed a false case of cruelty and sodomy against me. We have settled our disputed consequently we want to get rid of criminal cases. My advocate says that sodomy is a non-compoundable offence, therefore, it cannot be compounded under section 320 crpc, please advise.

Section 498 A, illicit relationship causes cruelty

My husband used to give me threats to face grave consequences if I disclose his illicit relationship. He has an illicit relationship with some women of easy virtue therefore he gives such treats. I became very frustrated out of such threats, therefore, decided to end my life. I have two young children so I cannot take such a harsh step and leave my children in destitution.

However, I have left my matrimonial home because of continuous threats and cruel behaviour of my husband. My in-laws are a very kind nature person, therefore, I don’t want to tell that truth. Can I file a cruelty case against him?

Executive magistrate passed order under section 145 crpc however dispute has decided by the civil court

My father built one house. After his death, some disputes arose between sons. My elder brother filed a civil suit for partition of the house. The decree has passed in my favour, but its execution is still pending.

He is trying to dispossess me from the house and also wants to stop the execution of that decree. Therefore, approached the executive magistrate and moved an application under section 145 crpc. The magistrate has passed that order without giving me an opportunity of hearing. This is indeed the violation of natural justice. What should I do?