A Wife tries to commit triple Legal Extortion by Implicating Husband's Uncle and Aunt in 498a and 506
I would like to introduce my self. My name is Viju, and I am from Hosur in Karnataka. Myself & my wife have been charged with dowry harassment by a lady who is married to my sister's son who staying in Mysore with his brother & mother. My sister is aged about 75 years. Her son, who became a divorcee at a young age, wanted to get married with another girl. He contacted me and my wife for help. Accordingly I helped them in searching a girl, and the marriage took place with my financial help. At the time of marriage there was the normal personal shopping and other expenses for the girl, for which she too got financial help from me. She returned my money through bank cheques for total 100,000/- (four cheques). I deposited the cheques in my wife's account.
Next the married couple lived together for two three months and there were some misunderstandings. Unhappiness started. This was in 2008 June to November. The girl left her husband and returned to her mother's house. She kept quiet for one and half years, and then in the month of March 2010 she filed a complaint in Hosur police station u/s 498a & 506 against her husband and his brother and her mother-in-law, along with myself and my wife. This was done even though they stayed in Mysore, while we are in Hosur. We neither stayed with them nor they stayed with us. She took our names saying that we demanded dowry and harassed her for more money. The cheque given by her in my wife's name made it easy for her to complain against us.
Next as per the procedure Hosur police went to Mysore and arrested the husband, his mother & his brother. They were produced before court and got released on bail. Myself and my wife were out of station so we were saved from arrest. This happened in March to May 2010. When I returned back, I went to the police station to get safe guard for me and my wife from allegations. We called the complainant girl and as compromise I returned the cheque amount of 100,000/- to her through bank cheque it self and she encashed the amount. She gave an affidavit to police to not continue the complaint, following which the police closed the complaint and put our names in the B Report. After this the girl requested for divorce by mutual consent, but the angered husband and his mother and brother took to heel for some time and absconded.
Next, girl challenged the police B report in court, saying that she was forced to do the same in the police station for affidavit etc. Now again we have received summons from court to attend for the case.
Sir now what is our fate? How do we fight this case? When she took the cheque from us she has given a affidavit saying the amount given to us was only for business purpose and she took back through bank account itself.
All documents are in Kannada language, so I am unable to send copies to you. Please give me a solution for this case. Next hearing is on 4th March 2014. My lawyer told us first to take bail and then proceed further. Now the case is not in the hands of state (police) as told by our lawyer.
This is a strange case. How can intimidation cause IPC 506 to arise in dowry demand? If there is such intimidation it should fall under 498a and not 506 in my humble opinion, although I am not a legal person. If the lady has given an affidavit then I think that you should take an aggressive stance and accuse her of certain crimes. I can see shades of criminal intimidation, criminal breach of trust, extortion, and attempt to cheat in her behaviour. Any intelligent person can see that this is pure and simple extortion. I am sure that the judges in your state are not fools, and will grant you full relief.