Daily Archives: April 12, 2017

Man I’ll treated by wife and in-laws, posts evidence video, and commits suicide !!

PATIALA: A man allegedly jumped into Bhakra canal near Nabha following some issues with his in-laws on Thursday.
Police found two mobile phones from the spot, one of which contained a video he made before attempting suicide.

Police have been taking help of divers to fish out Harpreet Singh, a resident of Nabha. His brother alleged that on Wednesday, Harpreet went to meet his four-month-old child where his mother-in-law and brother-in-law harassed him.
They asked him to give Rs 5,000 per month to their family and if he failed to do so they threatened him of registering a dowry case against his family.

Harpreet posted a video on a social networking site where he is seen standing near the canal and blaming his in-laws.

A case has been registered in the matter at the Bakshiwala police station. Police said though divers were trying to trace Harpreet’s body it was under the jurisdiction of Nabha city police station to investigate the case.

Man posts video, jumps into canal – The Times of India on Mobile

http://m.timesofindia.com/city/chandigarh/man-posts-video-jumps-into-canal/articleshow/57932537.cms

Daughter hires killer gang to kill own father for the sake of property !! Tamil Nadu news 

A daughter has hired a #killer #GANG to kill her own doctor father for the sake of his property… The father was stabbed and killed right in front of his own house

Initially, two men, supposedly stabbed and killed the father… Later on police investigation, the police came to know, that the daughter herself at paid money to the Killers to kill her father

http://ns7.tv/ta/tamil-news/tamilnadu/26/3/2017/own-daughter-murdered-her-father-cause-assets

Gangrape victim, aide demand Rs 95,000 from RPF cops to settle case, booked

TIMES OF INDIA

THANE: In a startling twist to the Diva gangrape charge against four Railway Protection Force (RPF) constables, the police on Friday booked the complainant and her aide for allegedly demanding Rs 95,000 from the “accused” to withdraw the complaint. Police said they will reinvestigate the gangrape cha-rge, but added they are not concluding that the case is false.

The 25-year-old salesgirl had filed a complaint that she was allegedly raped by RPF constables P K Singh, B K Singh, Dipak Rathod and Baghel Singh in an RPF outpost at Diva station on January 14. On Thursday, the four were placed under suspension and an internal inquiry ordered.

“The woman’s aide, identified as Batla, called the RPF constables to a hotel in Diva and demanded money to settle the case. He told them that the woman would file an affidavit and withdraw the rape case. The accused recorded the conversation and submitted it to us,” said deputy commissioner of police Abhishek Trimukhe. Batla changed the location four times after finally meeting them at a hotel in Dombivli around 4pm.

“We caught the woman and Batla accepting Rs 95,000 from the four RPF constables. We will now reinvestigate into the rape charge as it is now appears that it could be an extortion case. However, we are not concluding that the rape case is false,” Trimukhe told TOI.

On Friday, the RPF suspended Diva senior inspector Rajkumar Dhanvij as the crime allegedly took place in his RPF outpost. The four constables are likely to be issued a chargesheet under the Discipline and Appeal Rules within the next two days considering the gravity of the case. They could lose their job, if proven guilty, said Sachin Bhalode, RPF senior divisional commandant, CR.

The complainant was taken to Thane Civil Hospital for a medical checkup on Thursday. “It has been almost nine mon-ths to the incident. We suspect the medical reports won’t be able to prove anything regarding the sexual assault. So far, none of the accused have be taken into custody as the matter is under investigation. Also, there was no CCTV camera in the outpost,” said an RPF officer.

A native of Uttar Pradesh, the woman was acquainted with P K Singh, who hailed from her hometown. Married in Uttar Pradesh, she came to Mumbai to live on her own following a marital dispute and the constables reportedly promised to find her a job. “The woman said she chose to suffer in silence as she feared them. But recently when one of the accused demanded sexual favours, she approached the police to end her ordeal,” said a Thane railway police official.

Hon HC is very concerned that wife’s getting ONLY 84 LAKHS from 498a quash & settlement. ONLY 84 lakhs !

Hon HC says it repeatedly checked with the wife before she agreed to take ONLY 84 lakhs …… before quasing 498a etc cocktail !!

By the way, she filed a 498a cocktail to get the settlement done !!


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.1260 OF 2017
1. Nipul Chandravadan Panchal,
Age 40 years, Occ: Architect

2. Mrs. Neela Chandravadan Panchal,
Age 63 years, Occ: Housewife

3. Chandravadan Panchal,
Age 70 years, Occ: No

Residing at 302, Mary Anne Heights, 3rd Road, GPS III, Opp: Cafe-Coffee Day,
Santacruz (East), Mumbai-400 055. …. Petitioners

– Versus –

1. The State of Maharashtra

2. Mrs. Vaishali Nipul Panchal,
Age 36 years, Occ: Service,
R/a Room No.7, Building No.1,
Kangra Bhavan, 232, Dr. Anny
Besent Road, Opp: Potdaar
Hospital, Warli, Mumbai. …. Respondents
Mr. P.R. Yadav i/by Ms Priyanka Dubey for the Petitioners.
Dr. F.R. Shaikh, APP, for the Respondent-State.
Mr. D.V. Saroj for Respondent No.2.
CORAM: S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE : APRIL 07, 2017 ORAL JUDGMENT

(Per Shri S.C. DHARMADHIKARI, J.) :

 

  1. 1. Rule. The respondents waive service. By consent, rule is made returnable forthwith and the petition is taken up for final disposal.
  2. 2. The complainant Vaishali is present in Court. She admits that on 4-6-2015 her statement was recorded by the concerned police station, namely, Vakola Police Station, Mumbai and an FIR was registered. The FIR No.254/2015 alleges offences punishable under Sections 498A, 406, 341, 504, 323 and 34 of the Indian Penal Code.
  3. 3. A request is made by the accused including the husband of the respondent/original complainant to quash this FIR.
  4. 4. The only contention raised in support of this petition is that, this is a fall out of a matrimonial dispute. That discord and dispute led to the husband approaching the Family Court at Bandra, Mumbai with a petition seeking divorce. That petition bearing No.A-1425 of 2015 was later on sought to be converted into a petition and a joint one. The relief was altered to that of a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
  5. 5. Our attention has been invited to the Consent Terms tendered in the Family Court and the altered Consent Terms. Pages 77 to 84 of the paper-book have been perused by us carefully. One of the clauses in the Consent Terms postulates that the sum deposited in the account and mentioned in the Terms cannot be withdrawn by the complainant/wife unless she agrees to quashing of this criminal proceedings.
  6. 6. The nature of this settlement and which prima facie appears to us to be one sided, compelled us to call upon the Advocate appearing for the second respondent/complainant to request her to remain present.http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick.
  7. 7. She has remained present and has tendered an affidavit confirming the above arrangement.
  8. 8. She says that she is completely familiar and can speak and equally read and write in English language. She has perused the affidavit. That is drafted as per her instructions and reflects the position correctly.
  9. 9. Though she is not aware of the legal proceedings and provisions, we have sufficiently clarified to her that the affidavit being tendered on record and the prosecution being quashed on the ground that it is purely a private one arising out of a strained matrimonial relationship, then, she would have waived her rights which she has as wife and stated to be voluntarily. We called upon her and repeatedly, whether this arrangement and as reflected in the affidavit is arrived at willingly and her consent is free and unequivocal.
  10. 10. This query was raised by us especially because there are rights of a child, a minor son at the relevant time aged eight years. The custody of this minor son is handed over to the wife. The mother is now going to fend for herself in a City like Mumbai with only a sum of Rs.84 lakhs, that too deposited in the Bank account and as permanent alimony. The same is full and final settlement for all claims of the wife/mother including for permanent alimony. No separate amounts are provided for the child as well.
  11. 11. Upon our limited questioning, she says that she wants an end to all these proceedings and desires to resume her life with her son. She wants nothing more from the in-laws or the husband.
  12. 12. Once she repeatedly says that she is agreeable to the criminal prosecution being quashed and with the above understanding as well, then, we have no alternative but to quash this criminal prosecution which is a fall out of a dispute between the husband and wife, a direct impact after the complaint for domestic violence was lodged, the husband’s petition for Divorce. Then going by this settlement and which is confirmed, we allow the petition. Rule is made absolute in terms of prayer clause (a). No order as to costs.
  13. 13. The consequence being not only the FIR is quashed but even the criminal case and charge-sheet which is filed in the Court of the Metropolitan Magistrate, 71st Court, Bandra, Mumbai.http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick.
  14. 14. However, since the complainant/wife says that in the interest of her child as also on account of her lack of faith, trust and love for the husband, the criminal prosecution should be quashed and she is ready for the same, in the event the Family Court’s jurisdiction under Section 26 of the Hindu Marriage Act, 1955 r/w Section 114 of the Code of Civil Procedure, 1908 is invoked for variation or modification of the Terms and particularly the clause for payment, our order passed today quashing the criminal prosecution shall not be an impediment for the Family Court to exercise its jurisdiction and in accordance with law. Clarifying thus, the petition is allowed.

 

(PRAKASH D. NAIK, J.)

(S.C. DHARMADHIKARI, J.)


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting


Massive Rs.500 find for #FAKE #rape case filing woman… This is how justice is dispensed… !!

Lie detected: Court fines rape victim for turning hostile

Lie detected: Court fines rape victim for turning hostile

Posted at: Apr 9, 2015, 2:11 AM
Last updated: Apr 9, 2015, 1:16 AM (IST)

Tribune News Service

Chandigarh, April 8

For changing her statements in court and turning hostile, the court of Additional District and Sessions Judge Anshu Shukla today held a rape victim guilty of perjury (giving false evidence) and slapped a fine of Rs 500 on her. The court also acquitted the accused in the case and pulled up the rape victim for taking the law for a ride.

The court acquitted 45-year-old Jagdish Rai, who was booked by the UT police on December 14, 2013, on a complaint of the 30-year-old woman. The police had booked the accused under Sections 328 (causing hurt by means of poison), 376 (rape) and 420 (cheating) of the IPC.

The victim, a resident of Patiala, had stated in her first complaint to the police that she was raped by the accused, poisoned and also blackmailed. She had also stated in 2013 that she knew the accused who took her to a hotel and gave her a drink laced with poison and then raped her. She had also said that the accused clicked her pictures, circulated them among her friends and then blackmailed her.

However, during the trial she stated in the court that she was in a relationship with the accused and was never forced into a sexual relationship.

The court acquitted the accused, Jagdish Rai, and simultaneously fined the victim for perjury under Section 193 of the Criminal Procedure Code.

The court, in the show-cause notice to the victim under Section 193 of the CrPC (perjury), stated that the victim had intentionally given false evidence with the intention that the evidence should be used in judicial proceedings and that it was necessary and expedient in the interests of justice that she be tried for giving false evidence. The victim, in her reply to the notice of perjury proceedings, stated that she was in a live-in relationship with the accused and when he left her, she approached an advocate for initiating proceedings against the accused as per the law. “He told me that he will file the appropriate case and obtained my signatures on blank papers and power of attorney. I came to know later that the present case had been registered and even told the police to file an FIR. The police told me to give statements as per the version of the FIR. However, I refused to tell a lie in court. I had stated true facts,” said the victim in the reply.

http://www.tribuneindia.com/mobi/news/chandigarh/courts/lie-detected-court-fines-rape-victim-for-turning-hostile/64907.html