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CALCUTTA HC:- Coming with unclean hands – disqualifies litigant from obtaining any relief

September 24, 2014 Leave a comment

“….the contesting respondent has come to the High Court with unclean hands and withholds a vital document in order to gain advantage on the other side. In our opinion, he would be guilty of playing fraud on the Court as well as on the opposite party. A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation. We have no hesitation to say that a person whose case is based on falsehood has no right to

approach the Court and he can be summarily thrown out at any stage of the litigation…………”

Pls refer the entire Judgment below

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side

PRESENT:THE HON’BLE MR JUSTICE KALIDAS MUKHERJEE

CRR NO. 999 OF 2006

Md. Ashiruddin & Anr.
Vs.
State of West Begal & Anr.

For the Petitioner :Mr. Milon Mukherjee, Sr. Adv. Mr. Lutful Haque,Ms. Ameena Kabir

For the State : Mrs. Krishna Ghosh

HEARD ON: 18.03.2008.

JUDGMENT ON:25.03.2008

KALIDAS MUKHERJEE, J.:

1. This is an application under Section 482 read with Section 300 Cr.P.C. praying for quashing of Hanskhali P.S. Case No. 281 dated 06.12.2005 under Section 498A/34 I.P.C. pending in the Court of learned Additional Chief Judicial Magistrate, Ranaghat, District – Nadia.

2. The petitioner No. 1 is a retired Sub-Inspector of Police and the petitioner No. 2 is a Constable. The first wife of petitioner No. 1 died and thereafter he again married O.P. No. 2 Rojina Bibi on 25.06.2004 according to Muslim Shariat Laws and both of them were leading conjugal life in village Murcha, P.S. Khargram, District – Murshidabad. O.P. No. 2 was a widow at the time of her marriage with petitioner No. 1 and had a son and two daughters out of her previous marriage. The petitioner No. 1 used to reside in Krishnanagar where he was posted and the O.P. No. 2 was residing in village Morcha. There was difference of opinion between the spouses. O.P. No. 2 filed a case against the petitioner No. 1 under Section 498A/325 I.P.C. being Kotwali P.S. Case No. 95/2005 dated 06.4.2005. Charge sheet was issued on 15.4.2005 being C.S. No. 80/2005 under Section 498A I.P.C. The O.P. No. 2 complained of mental and physical torture. On 11.4.2005 O.P. No. 2 made an affidavit before the learned Sub-Divisional Judicial Magistrate, Krishnanagar stating that she had no complaint against her husband whatsoever. In the affidavit she stated that when she went to Krishnanagar, a person took her signatures on some blank sheets and taking advantage of that filed a case against her husband. She also stated that her husband never committed torture upon her physically or mentally and that they had been leading a happy conjugal life. On 9th June, 2005 the petitioner No. 1 was discharged by the learned S.D.J.M., Krishnanagar on the basis of affidavit made on 11.4.2005. Thereafter the petitioner No. 1 divorced to the O.P. No. 2 on 04.8.2005 and communicated the same by registered post with A.D. dated 13.8.2005 and 18.8.2005, but, the registered letter dated 18.8.2005 came back to the petitioner as ‘refused’ by the O.P. No. 2. O.P. No. 2 filed a case in the Court of Chief Judicial Magistrate, Krishnanagar on 29.8.2005 under Section 498A/34 I.P.C. against the petitioners, but, no effective step was taken thereof. The O.P. No. 2 also filed a case in the Court of Additional Chief Judicial Magistrate, Krishnanagar against the petitioner No. 1 under Section 125 Cr.P.C. being case No. 481 of 2004. The O.P. No. 2 also filed another case under Section 498A/34 I.P.C. (G.R. No. 1343 of 2005) Hnaskhali P.S. Case No. 281 dated 06.12.2005, in the Court of Additional Chief Judicial Magistrate, Ranaghat. The allegations raised against the petitioners are false and concocted. The continuance of proceeding under Section 498A/34 I.P.C. in Hanskhali P.S. Case NO. 281 dated 06.12.2005 is unwarranted and will be the abuse of the process of the Court. In view of the discharge of the petitioner No. 1 from earlier case being Kotwali P.S. Case No. 95 of 2005, the instant case being Hanskhali P.S. Case No. 281 dated 06.12.2005 under Section 498A/34 I.P.C. cannot proceed and the same is not maintainable. Under the circumstances, the petitioner has filed the instant application praying for quashing of the proceeding under Section 482 Cr.P.C.

3. Mr. Mukherjee appearing on behalf of the petitioners submits that the earlier case ended in discharge on 09.6.2005 passed by learned S.D.J.M., Krishnanagar in G.R. Case No. 408 of 2005, Kotwali P.S. Case No. 95 of 2005. Mr. Mukherjee submits that the divorce was effected on 04.8.2005 when the factum of divorce was communicated to O.P. No. 2 herein. Mr. Mukherjee contends that same allegation as made in the earlier complaint was raised against the petitioner No. 1 herein in the subsequent petition of complaint which was sent to P.S. under Section 156(3) Cr.P.C. on 06.12.2005 bearing Hanskhali P.S. Case No. 281 dated 06.12.2005. Mr. Mukherjee contends that there is no allegation under Section 406 I.P.C. in the instant case and, moreover, there is suppression of material facts in the subsequent complaint being Hanskhali P.S. Case No. 281 date 06.12.2005. Mr. Mukherjee contends that when the petitioner No. 1 was discharged in the earlier case which ended in his discharge on 09.6.2005, the subsequent case on the same allegations bearing Hanskhali P.S. Case No. 281 dated 06.12.2005 is not maintainable. Regarding the suppression of material facts viz. discharge of the petitioner No. 1 in the earlier case, Mr. Mukherjee has referred to and relied on the decisions reported in 2005 SCC (Cri)1322 [MCD Vs. State of Delhi and another] para 21 and (2004)7 SCC 166 [S.J.S. Business Enterprises (P) Ltd. V. State of Bihar and others] para 13.

4. Mrs. Ghosh appearing on behalf of the State submits that the petitioner No. 1 herein was the Sub-Inspector of Police and regarding the alleged torture meted out to O.P. No. 2, there are medical reports and statements of the witnesses recorded under Section 161 Cr.P.C. It is contended that it is not clear whether there was divorce or not by way of Talaknama. As regards the allegation of torture under Section 498A I.P.C. on the same facts in the subsequent case, Mrs. Ghosh contends that the manner of alleged torture upon O.P. No. 2 in the second case was different and there is added period of alleged torture. Mrs. Ghosh contends that O.P. No. 2 was assaulted by the petitioner No. 1 as per allegation and in view of the medical reports and the statements of the witnesses recorded under Section 161 Cr.P.C., there is no ground to quash the proceedings pending in the learned Court below. Mrs. Ghosh contends that the petitioner No. 1 herein can raise such question in the Trial Court at the appropriate stage, but, not in the instant application under Section 482 Cr.P.C.

5. From the F.I.R. of Kotwali P.S. Case No. 95 of 2005 dated 06.4.2005 G.R. No. 408 of 2005 it appears that the occurrence of the alleged offence was after the marriage till the date of lodging the F.I.R. i.e. 06.4.2005. It further appears that the said case bearing No. 408 of 2005 ended in the discharge of the accused under Section 245 Cr.P.C. The learned Magistrate considered the affidavit filed by the defacto-complainant in the said case wherein it was stated that she was leading her conjugal life happily with her husband. On hearing the defacto-complaint and considering the contentions raised in the affidavit, the learned Magistrate recorded the order of discharge under Section 245 Cr.P.C. Subsequently, the instant case bearing Hanskhali P.S. Case No. 281 dated 06.12.2005 was started. The petition of complaint was sent to the P.S. under Section 156(3) Cr.P.C. and the F.I.R. was registered bearing No. 281 dated 06.12.2005. In the said petition of complaint the occurrence of the alleged offence was after marriage extending up to 24.8.2005. It is, therefore, clear that the period of alleged torture as per the subsequent complaint also includes the period of torture as raised in the earlier complaint which ended in discharge of the accused. By filing the affidavit stating that she was living happily with her husband which enabled the Court to record order of discharge, the defacto complainant put an end to the allegation of torture as raised in the earlier petition of complaint and, as such, the same allegation over the same period cannot be reopened.

6. Secondly, in the second petition of complaint there is no whisper about the contention raised in the earlier complaint and the order of discharge made therein. Mr. Mukherjee in this connection has referred to the decision reported in 2005 SCC (Cri) 1322 para 21 (Supra). The observation of the Hon’ble Apex Court made in para 21 of the aforesaid decision is quoted hereunder:-

“This apart, the respondent did not also disclose the fact in the criminal revision filed before the High Court that he has also been convicted in another Criminal Case No. 202 of 1997 by the Court of Metropolitan Magistrate, Patiala House, New Delhi. Thus, the contesting respondent has come to the High Court with unclean hands and withholds a vital document in order to gain advantage on the other side. In our opinion, he would be guilty of playing fraud on the Court as well as on the opposite party. A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation. We have no hesitation to say that a person whose case is based on falsehood has no right to

approach the Court and he can be summarily thrown out at any stage of the litigation…………”

The observation of the Hon’ble Apex Court made in the decision reported in (2004)7 SCC 166 para 13 (Supra) is quoted hereunder:- “As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…………”

7. Since in the subsequent petition of complaint there is no whisper about the earlier petition of complaint followed by the order of discharge of the accused persons, such non-disclosure amounts to suppression of material facts, inasmuch as, had it not been suppressed, it would have an effect on the merits of the case. Following the ratio of the aforesaid decisions, I find that it is a fit case for quashing of the proceedings in the exercise of the jurisdiction under Section 482 Cr.P.C. The application under Section 482 read with Section 300 Cr.P.C. is allowed. Accordingly, the proceedings of Hanskhali P.S. Case No. 281 dated 06.12.2005 under Section 498A/34 I.P.C. pending in the Court of learned Additional Chief Judicial Magistrate, Ranaghat stand quashed.

8. Let a copy of this order be sent to the learned Court below immediately.

9. Urgent Xerox certified copy of this order, if applied for, be handed over to the parties as early as possible.

( Kalidas Mukherjee, J. )

False Rape Statistics—Young love often reported as rape in our ‘cruel society’ – The Hindu

To,
Shrimati Maneka Gandhi,
Hon’ble Minister of Women and Child Development,
New Delhi, India.

Young love often reported as rape in our ‘cruel society’ – The Hindu

“I lay the blame for a lot of this at the door of Parliament,” lawyer and leading women’s rights activist Vrinda Grover said.
In January 2013, Seema (name changed), who had moved to Delhi from rural Bihar with her brother went to the Hanuman temple on Delhi’s Panchkuian Road with 19-year-old Sameer (name changed). He put vermilion on her forehead, the couple embraced and now married in their own eyes, they ran away to Sameer’s native village in Samastipur. By May, Seema, now pregnant, was in a court-mandated shelter home for young women visited only by Sameer when he got bail, accused of kidnapping and raping his young love.
The content of 600 court judgements analysed by The Hindu and interviews with complainants, judges and police officers illuminate for this first time the real stories behind the headlines on the national capitals rape statistics.
As Part 1 of the series showed, one-fifth of the trials ended because the complainant did not appear or turned hostile.
Of the cases fully tried, over 40% dealt with consensual sex, usually involving the elopement of a young couple and the girl’s parents subsequently charging the boy with rape. Another 25% dealt with “breach of promise to marry”. Of the 162 remaining cases, men preying on young children in slums was the most common type of offence.
These numbers too do not on their own illuminate the stories behind these numbers; for this, The Hindu interviewed judges, prosecutors, police officers, complainants, accused, lawyers and activists most of them under condition of anonymity because they were not free to publicly discuss confidential rape trials. What emerged were heart-rending stories and the role of the police and judiciary.
‘Teenage love drama’
Of the 460 cases dealing with sexual assault in Delhi’s district courts in 2013 that went to a full trial, 174 involved or seemed to involve runaway young couples like Seema and Sameer, The Hindu found. This was especially true for inter-caste and inter-religious couples.
Across the system, there was some amount of concern and sympathy for these consenting couples, especially among judges. Ruling on Seema and Sameer’s case in October 2013, Additional Sessions Judge Dharmesh Sharma said, “The instant case racks [sic] up a perennial problem being faced by all of us on the judicial side: what should be the judicial response to elopement cases like the instant one… This life drama is enacted, played and repeated everyday in the Police Stations and Courts…” Of the case before him, Judge Sharma noted, “This case is a teenage love drama where our dysfunctional cruel society and the justice system have separated the two love birds and have taught them a bitter lesson.”
“We get innumerable such cases in Lucknow too,” Seema Mishra, lawyer and women’s rights activists with Association for Advocacy and Legal Initiatives (AALI), said. AALI has been at the forefront of the pushing for women’s right to choose sexual relationships, which is at the heart of the 174 cases The Hindu looked at. In case after case, as well as in interviews with The Hindu, the behaviour of the girls’ parents was shocking: they arrive at the hotel the couple has eloped to and drag them home, they beat and even injure the couple (in one case breaking the girl’s spine), they threaten her even with acid, they force her to submit to invasive medical tests and in many cases, even to an abortion.
In Judge Sharma’s case, he was able to acquit Sameer since Seema was over the age of consent for sex at the time – 16 years. However now that the Criminal Law Amendment Act (2013) is in force, the age of consent now stands at 18. “I lay the blame for a lot of this at the door of Parliament,” lawyer and leading women’s rights activist Vrinda Grover said. “By raising the age of consent, they have ensured such cases of consensual sex being called ‘rape’ are just going to multiply.”
Promise of marriage
Judges, prosecutors and police officers tended to be far less sympathetic towards the other major area of concern – the 109 cases which deal with “breach of promise to marry”. The argument used by prosecutors in these cases is that if a woman had sexual relations with a man only under a false promise of marriage by him, her consent was not free as it was obtained through deceit. However in most such cases, showing that the accused never intended to marry the complainant becomes hard to prove, unless he is already married to someone else and hiding it.
“You might say it is wrong, but when the girl’s father comes to the police station and says she has been ruined, a policeman will tend to take the father’s side,” one senior Delhi police explained. More often than not, he said, the FIR was a way to force a man attempting to call off a marriage into going through with it; in a third of such cases The Hindu looked at, the woman deposed in court that they were now married and hence she no longer accused him of rape.
“Your family discovers you have been having relations with a man for five years and now he has called it off because of pressure from his family,” one complainant who lost her case explained. “Before you know what is happening, your father and uncle have gone to the police station and you are forced into this. Everyone tells you that if you do not go along with it, you will never get married,” she said.
“Frankly I think this shouldn’t be counted as rape. It comes from a patriarchal context, from the premium placed on a woman’s chastity. But if we want to talk of women’s agency, we cannot have it both ways,” Ms. Grover said, a sentiment shared by several other feminist lawyers.
Rape as we know it
The 161 remaining cases look a lot closer to what is conventionally referred to as rape. Nearly half of these involved an adult neighbour preying on a minor child of a neighbour or a vulnerable woman sleeping outdoors or alone at home, most took place in slums, and had a conviction rate of over 75%. “Mothers like me have to work all day and are not able to keep an eye on our children,” one mother who secured a conviction in the rape of her three-year-old by a neighbour, said in tears. The medical investigation and courtroom terrified her, the woman said, but her family supported her.
In such cases, the consistent testimony of the complainant played the most important role. Judges were usually willing to convict in the absence of medical evidence, and in one case, Additional Sessions Judge Renu Bhatnagar convicted a man of raping a mentally challenged minor girl even though she was unable to depose in court apart from nodding. However in at least two cases where the complainant admitted that she met the accused alone voluntarily but did not consent to sex, judges disbelieved the woman’s testimony.
The judgement in the December 16 gang-rape formed part of The Hindu’s study and was notable in its length, detail and unprecedented extent of medical evidence. It was one of only 12 rapes heard in 2013 that were alleged to have been perpetrated by strangers, and all of the others pre-dated it.
Conclusion
The stories behind Delhi’s sexual assault statistics indicate that the image created by police statistics alone might be a misleading one.
(This is part two of a three-part series. Part 3 appears tomorrow: The Journey from FIR to Judgement)
More than Society, we all must give a Big Thanks to radical Women activist like #RajKumari#ShibitaKrishan and all Mombatiwala, who advocated such Unfair, Biased LAW to promote the #Fake Cases, where any girls or Women can term any Men a Rapist only by her Verbal allegations, without any Medical Evidence with out any restrictions of time limit.

Men’s Rights Association and their associated NGO recommended Gender Natural ( replace men/women to person) , Evidence based Criminal law along with a strong Misuse Clause like Lokpal Act to the Government, but all gone in deaf ears till date.

If you make any criminal law Non-bailble , where the FIR can be registered only by Verbal allegations , such LAW will only promote the #Fakecases and#LegalTerrorism, as no one Born in Raja Harish Chandra Family , that they will never lie.

More disturbing our WCD minister without going to details of cases and find the way to protect our Child from wrongly termed rapist , propose to treat the Boys below 18 years old as adult .

Wonder if, our WCD and Government can’t reform a Child, how they will reform a country?

We once again send our proposal to WCD and request to amend the Rape law on Top Priority along with Caution, which we had bring to your notice earlier also.

Our Proposal:

If you really want the IPC376, #IPC354 should not be misused left, right and center, like the way in 498A/DV act the word “Relative” misused, amend the law as per our suggestion.
Or
Be ready the Rape statistics will be double in next two years and it will became another extortion, blackmailing and easy money earning business for all Advocate, Police and greedy people.

Summary of our Recommendations and Request to meet your MP/MLA/Ministers and demand:

1) Make Rape Law Gender Neutral as in other countries of the globe
2) Relationship cheating cases should not be allowed to be converted into rape cases which suck the scare resources from genuine rape cases.
3) False complaints of Rape cases should be punished severely, so that genuine cases like ‘Nirbhaya’, gets justice.
4) Introduce the much required police reforms and use Technology to increase conviction rates of rape cases and punish those file false cases.
· All references to “Man” or “Woman” must be replaced with the word “Person” or “Whosoever”
· All references to “His” or “Her” to be must be replaced with the word “His or Her”
· All references to “He” or “She” must be replaced with the word “He or She”
· All references to the word ‘Husband” or “Wife” must be replaced with the word “Spouse”

Your Faithfully,
MRA Amol Kurhe
Vice-President
Mens Rights Association
Pune

Bombay HC- Possibility of false implication by Wife cannot be ruled out, hence Anticipatory Bail Granted.

Another order from Justice. M. L. Tahilyani on false case by wife….

“I have gone through the First Information Report and police papers, particularly the spot panchanama.   Spot  panchanama does not indicate that the signs of kerosene were found on the spot.  Nothing incriminating was seized from the spot   by   the   police.     This   indicates   that   probably   no   such incident had occurred.

5. I have also gone through the Medical Report.  The Medical   Officer   has   not   stated   that   the   clothes   of   the  complainant were smelling kerosene when she was examined. There was no serious injury on her body.  Possibility of false
implication cannot be ruled out.””

Continue to read full order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CRIMINAL APPLICATION (ABA) NO.269 OF 2014

(Charansingh Jaising Rathod and others ..vs.. The State of Maharashtra, through PSO, PS Digras,
District Yavatmal)
­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­
Office Notes, Office Memoranda of Coram,

Court’s or Judge’s orders appearances, Court’s orders of directions and Registrar’s orders
­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­
Shri J.B. Kasat, Advocate for the applicants,
Mrs. Rashi Deshpande, Addl.P.P. for the non­applicant/State.

CORAM :  M.L.TAHALIYANI, J.

DATED  :  16­06­2014

Heard   learned   Counsel   Shri   J.B.   Kasat   for   the  applicants   and   learned   Additional   Public   Prosecutor   Mrs.
Rashi Deshpande for the non­applicant/State.

2. The   complainant   was   married   to   one   Manik Charansingh   Rathod   on   11­12­2013.     It   was   intercaste  marriage.  It appears that the family members of Manik were against the marriage.   It further appears that there was a
dispute in the family and therefore, a criminal case for the offence punishable under Section 498­A read with Section 34
of the Indian Penal Code was lodged by the complainant. Thereafter the complainant was staying on rent in the house
of Shri Shahade at Yavatmal along with her mother.

3. The incident  had occurred on 05­5­2014.    The complainant was going to the house of Postman at the time of  incident.     It   is   alleged   that   the   applicants   had   poured kerosene on her while she was proceeding to the house of postman.   She had lodged report at Police Station for the offences punishable under Sections 285 and 323 read with Section 34 of the Indian Penal Code.  It appears that later on Section 307 of the Indian Penal Code has also been added.

4. I have gone through the First Information Report and police papers, particularly the spot panchanama.   Spot  panchanama does not indicate that the signs of kerosene were found on the spot.  Nothing incriminating was seized from the
spot   by   the   police.     This   indicates   that   probably   no   such incident had occurred.

5. I have also gone through the Medical Report.  The Medical   Officer   has   not   stated   that   the   clothes   of   the  complainant were smelling kerosene when she was examined. There was no serious injury on her body.  Possibility of false
implication cannot be ruled out.  Hence, I pass the following order.
The applicants be released on bail in the sum of Rs.10,000/­   (rupees   ten   thousand)   each   with   one   solvent  surety in the like amount for each of them, in the event of their arrest in First Information Report No. of 156/2014 of
Digras   Police   Station,   District   Yavatmal,   for   the   offences punishable under Section 285, 323, 354­A and 307 read with
Section 34 of the Indian Penal Code.

The   applicants   shall   attend   the   office   of   the  Investigating   Officer   as   and   when   required   by   the  Investigating Officer till the investigation is completed.
The application stands disposed of accordingly.

JUDGE
pma

False rape charge lands woman in prison for 4 years that too in India…

September 3, 2013 Leave a comment

TOI:- http://bit.ly/1ag62Ve

A woman has been sentenced to four years in jail for levelling false allegations of rape against a man, who later committed suicide as he could not bear the stigma of spending 72 days in jail for a crime he did not commit.

Last December when the country was witnessing unprecedented protests against Delhi gangrape incident, 35-year-old Chanchal Rathore had accused her 53-year-old landlord, Roopkishore Agrawal, of raping her. However, during the trial, Chanchal admitted that she was not raped.

According to her, she had a quarrel with Agrawal when he had come to collect rent and the money her husband had taken as loan from him. Additional Sessions Judge Savita Dubey, who was hearing the rape case, later ordered that Chanchal be tried for giving a false statement.

The judge even appeared as a witness in the court of Additional Sessions Judge Indira Singh, who sentenced Chanchal to four years in jail under Section 211b of the IPC (making false charge of offence with an intent to injure). She has also been slapped a fine of Rs 10,000, non-payment of which will fetch another six months jail term for her.

Chanchal, who claimed to work for an NGO, was also sentenced to six months in jail under Section 182 (giving false information with an intent to cause public servant to use his lawful power to the injury of another person). Both sentences will run concurrently.

Chanchal is also being separately tried for abetment to suicide, punishable with a seven-year jail term.

Chanchal’s husband Sunil, who took the money from the landlord to buy a Tata Magic vehicle, is also an accused in this case, said Additional Public Prosecutor Hemant Mungi.

Agrawal was found dead in his home on March 17, nine days after he was released on bail. In his suicide note, he had blamed Chanchal for his ordeal and his decision to take kill himself.

Pune court rejects woman’s plea after husband exposes lie

August 20, 2013 6 comments

Techie said she was jobless, sought maintenance, after the trail it was proved that the Women Techie was lying and that to she lied on oath..as she filed affidavits but still Court has not initiated action of lying or giving false evidence in the COURT u/s 340 CrPC FOR COMMITTING OFFENSE OF PERJURY.

 

ARTICLE—-

A 26-year-old married woman moved the court against her businessman husband for monthly maintenance claiming she is not working. However, her husband challenged her application and provided details of her monthly salary along with other documents to prove that she is employed as a software techie.

As a result, the court of judicial magistrate (first class) SS Patil rejected her interim relief for maintenance and passed strictures against her.

Manisha Dighe married Baner-based Anuj (33) (names change to protect their identities) on June 26, 2009. However there was a drift in their relationship and in 2012 Manisha moved an application before the court seeking monthly maintenance of Rs1 lakh and temporary accommodation under relevant sections of the Protection of Women from Domestic Violence Act, 2005 against Anuj, his mother and his two sisters.

Manisha in her plaint alleged, “Anuj used to get random calls from a woman and when I asked him, he replied it was his girlfriend’s call. When I confronted him about it, he started beating me. Later he started demanding Rs3 lakh cash for purchasing a flat. Anuj’s mother and sisters poured oil on me and tried to set me on fire but I somehow managed to rescue myself.”

She added, “Anuj’s sister’s engagement broke on February 2011 for which Anuj wanted to take revenge against her fiance. He started forcing me to register a case of rape against that fiance to defame him. I left the house and I had also registered a complaint with Chatuhshrungi police station in this regard. Now I am pursuing my postgraduation and have no income. On the other hand, Anuj earns Rs5 lakh per month ”

Anuj’s lawyer Pratibha Ghorpade argued,”Manisha is falsely implicating Anuj and cooking up a story before the court. Manisha is working in a Baner-based company and to prove the case, the head of the human resources department of the Baner-based IT company must be summoned in court.”

Accordingly, an official of the HR department submitted her income tax, her salary slips which mentioned that she is earning Rs52,000 per month which includes house rent allowance, conveyances and other expenses.”

The court observed, “It appears that Manisha has not come before the court with clean hands. During the pendency of main application of Manisha, she is seeking interim relief in the nature of interim maintenance before the court. It was her duty to come before the court with clean hands but as mentioned above I have come to the conclusion that she has not come before this court with clean hands. She has completed BE and is earning handsome income and therefore temporary relief is rejected.”

 

http://www.dnaindia.com/pune/1876342/report-pune-court-rejects-woman-s-plea-after-husband-exposes-lie

लोकमत हेल्लो पुणे :- मुलीने रचला स्वत:च्या अपहरणाचा बनाव

या मुलीने आपले अपहरण झाल्याचे सांगितल्यावर तिचे आई-वडील राजकीय कार्यकर्त्यांना घेऊन पोलीस चौकीत आले. दबाव टाकून गुन्हा दाखल करण्यास भाग पाडले; परंतु या घटनेचा तपास केल्यावर वस्तुस्थिती निराळीच निघाली. ही मुलगीच त्यामध्ये दोषी निघाली, त्यामुळे ऊठसूठ कोणत्याही विषयावर पोलिसांवर दबाव टाकून स्टंटबाजी करणार्‍या राजकीय कार्यकर्त्यांनी पोलिसांना त्यांच्या पद्धतीने काम करू देण्याची आवश्यकता आहे. – रवींद्र फड, पोलीस उपनिरीक्षक”

 

पुणे : दहावीत शिकणारी अल्पवयीन मुलगी मित्रासोबत फिरायला सारसबागेत गेली. घरी परतायला उशीर झाल्यामुळे आई-वडिलांनी विचारणा केल्यावर या मुलीने चक्क आपले अपहरण झाले होते, असा बनाव रचला. अपहरणकर्त्यांच्या तावडीतून आपण कशीबशी सुटका करून घेतल्याचे तिने घरच्यांना सांगितले. कुटुंबीयांच्या आग्रहाखातर पोलिसांनी गुन्हा दाखल केला खरा; परंतु पोलिसांनी हा सर्व बनाव असल्याचे एकाच दिवसात उघडकीस आणले.
याबाबत पोलीस उपनिरीक्षक रवींद्र फड यांनी माहिती दिली. १५ वर्षीय मुलगी शुक्रवारी सकाळी शाळेला जाते, असे सांगून अकरावीत शिकणार्‍या एका १७ वर्षीय मित्रासोबत फिरायला गेली होती. दिवसभर सारसबागेत फिरून झाल्यावर रात्री उशिरा हे दोघेही घरी परतले. मुलगी शाळेतून अद्याप घरी कशी आली नाही, यासाठी वडिलांनी शाळेत जाऊन चौकशी केली तेव्हा ती शाळेत आलीच नसल्याचे समजले. घरी काय सांगायचे, या विचारात असतानाच तिला अपहरण झाल्याचे नाटक सुचले.
एका व्यक्तीने आपल्याला बळजबरीने मोटारीत बसवून पळविले होते. त्याची नजर चुकवून स्वत:ची सुटका करून पळून आल्याचे तिने कुटुंबीयांना सांगितले. काळजीत पडलेल्या आई-वडिलांनी कोथरूड पोलीस ठाणे गाठून फिर्याद दिली. मुलीच्या सांगण्यातील विसंगती लक्षात आल्यावर पोलिसांनी तिला खोदून-खोदून विचारले. आई -वडिलांचा मार चुकविण्यासाठी तिने अपहरणाची कथा रचल्याचे तिने सांगितले. (प्रतिनिधी)

 

http://epaper.lokmat.com/newsview.aspx?eddate=08/05/2013&pageno=1&edition=42&prntid=30036&bxid=26315434&pgno=1

Delhi HC- Suppression of Facts. Wife guilty of contempt,maintenance dismissed with cost.

“The conduct of the wife (respondent herein) of not disclosing to this Court about a petition being pursued by her and her conduct of concealing the material information from the Court of Judicial Magistrate, Jallandhar obtaining an ex parte order was contemptuous and violation of an undertaking given by her.”

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: January 07, 2010

Date of Order: January 25, 2010

+ Cont. Cas(C) 482 of 2008

% 25.01.2010

Gurbinder Singh …Petitioner Through: Mr. V.M. Issar, Advocates

Versus

Manjit Kaur …Respondents Through: Mr. Anish Dhingra, Advocate along with respondent in person.

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. The petitioner has preferred this contempt petition against respondent alleging violation of an undertaking given to the Court of Additional District Judge, Jallandhar on 8th September 2000.

2. The petitioner and respondent are husband and wife. The petitioner was in the Army and the wife was working as a teacher in S.D. Model School, Jalandhar Cantt. The divorce and various other proceedings were going on between the parties. The parties with the intervention of their counsels entered into a settlement and this settlement was recorded by the Court. In that settlement, the respondent (wife) agreed that she will not initiate any type of action against petitioner or against children of the parties or against the parents of the petitioner and other relatives of the petitioner (the children were at that time living with the petitioner) before the Court of law or before any other authority and she would not do anything which would affect the character, status or reputation of the petitioner. The petitioner also gave a similar undertaking that he would not disturb respondent in any manner and he Cont.Cas(C) 482/2008 Gurbinder Singh v. Manjit Kaur Page 1 Of 3 would not institute any action against her either before the Court of law or before any authority and he will not try to castigate honour or character or reputation in any manner. Thereafter, before this Court in April’05, she (respondent) again filed an affidavit that she would abide by the undertaking given to the learned ADJ on 8th September 2000 and she would not harass or humiliate the petitioner in future and will not create any cause of action afresh. This undertaking was given by way of an affidavit. Thereafter, the respondent herein filed an application under Section 125 Cr.P.C. before the Jallandhar Court in August’ 04 claiming maintenance from the petitioner on the ground that the petitioner had neglected to maintain her and she had no source of income. There is no doubt that the respondent had a right to claim maintenance from the petitioner, if she was not able to maintain herself. A perusal of the ex parte order obtained by her from the Court of Jallandhar shows that she concealed all material facts from the Court at Jallandhar. She did not disclose that she was working as a teacher in a school at Jallandhar and that there was an agreement between the parties arrived before learned ADJ, Delhi and that she had also filed an affidavit in the High Court that she would not unnecessarily harass the husband. Where a person after concealing the material facts about her own employment and about the undertaking given to the Court, files an application for maintenance just to harass the opposite side, after giving an undertaking to the Court that she would not harass the petitioner (husband), I consider this amounts to violation of undertaking given by her. The respondent appeared in person today in the Court and admitted that at the time she filed the petition in the Jallandhar Court, she was gainfully employed as a teacher and she continued to remain in employment till 2008 i.e. even after passing of the order under Section 125 of Cr.P.C. A perusal of the ex parte order passed by learned JM would show that the respondent had concealed from the JM about her own employment, her salary from the school and her assets and contended that the respondent was drawing a pension of Rs.10,000/- per month and his income from other sources was Rs.20,000/- per month and she obtained an order of grant of maintenance @ Rs.3,000/- per month from the date of application. She did not disclose to this Court when she filed her affidavit in this Court in April, 2005 that Cont.Cas(C) 482/2008 Gurbinder Singh v. Manjit Kaur Page 2 Of 3 she had filed a petition at Jallandhar Court which was going on ex parte or that she had already preferred a petition under Section 125 of Cr.P.C which was pending.

3. I consider that the conduct of the wife (respondent herein) of not disclosing to this Court about a petition being pursued by her and her conduct of concealing the material information from the Court of Judicial Magistrate, Jallandhar obtaining an ex parte order was contemptuous and violation of an undertaking given by her.

4. I, therefore, hold the respondent guilty of contempt and a fine of Rs.10,000/- is imposed on her.However, after her retirement, if she seeks maintenance for herself after disclosing to the Court concerned about her pension and other income and properties, which she holds in Delhi and other places, she would be free to make a petition regarding maintenance before the Court of competent jurisdiction.

5. With above order, the petition stands disposed of.

January 25, 2010 SHIV NARAYAN DHINGRA J. rd

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