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498a Discussion Forum - View topic - 498a Quashed with Mutual Divorce & ZERO Settlement
It is currently Thu Jun 24, 2021 12:53 pm



Reply to topic  [ 24 posts ] 
498a Quashed with Mutual Divorce & ZERO Settlement 
Author Message

Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Dear all,

Would like to inform, that our 498a case had been quashed with ZERO settlement amount & mutual divorce in Apr 2009. Though it is long back, I would like to share it. So that the methods used may help fellow fighters.

Mode Employed:
With the able guidance of SIFF Chennai team members, We have retaliated the 498a gang with Complaints & RTIs on Jan 2009.(After my return from abroad, as i could not do much from there). Things happened at brisk pace & white flag was waved by 498a gang on 20 Mar 2009, within 2 months of retaliation. 498a case quashed in Madras High court with ZERO settlement amount in Apr 2009.

Below mentioned are the case history & activities we have carried out, to nail 498a gang & to bring them to High Court for Quash proceeding.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Case History:

Marriage Date: Aug 2005
Separated from: Jan 2007
Joined SIFF Forum: Feb 2007
RCR filed date (by me): Apr 2007
1st 498a FIR date: 24 Apr 2007 (Transferred to Chennai)
2nd 498a FIR date: 27 May 2007
Extortion demand: Rs.10 Lakhs + Mutual Divorce
Accused Persons: Myself & Parents
Duration for getting AB: 10 days (No Remand & Inspector has never seen my parents at all)
Charge sheet date: 15 Apr 2008
Retaliation started on: 10 Jan 2009 (Was in abroad from Apr - Dec 2009)
White flag waved by opponents on: 20 Mar 2009
Case status during Quash: PW1, PW2, PW3 had given their statements in court.
Quash Date: 24 Apr 2009
Mutual Divorce Date: 15 May 2009
Settlement amount: ZERO
Total Litigation Expense: Rs.70,000 (Fees for 3 lawyers for RCR case, getting AB, Quash Petition, Mutual Divorce + Travel & Misc. Expenses)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Our Profile:
•Myself – Software Professional.
•Father – Retired Battalion Havildhar Major (Fought for India in all the 3 Wars)
•Mother – Daughter of Late Retired Muncif Court Magistrate.

Our Lawyers:
•Lady lawyer for filing RCR case & AB.
•High court lawyer for 498a, which is his first 498a case of his career.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
498a Gang, Lawyer & IO Details:

•Father of 498a girl- Serving Tamilnadu Revenue Department Official
•Grandfather-Retired Sales Tax Asst. Commissioner
•Grandfather’s brother(1)– Retired Asst. Commissioner of Police (Was in service during FIR registration)
•Grandfather’s brother(2)(one of the witness)-Retired BSNL Divisional Engineer
•Neighbor(one of the witness)- Retired Handloom Dept Manager
•Neighbor’s Son’s FIL - Working in TN Secretariat with direct access to Cheif Minister office.
•498a girl’s Uncle (one of the witness) – Having Congress MP contacts.
•3 High Court lawyers are relatives (One of them is DIL of a witness)
•Opponent Lawyers: 4 Lawyers (Well known Lady lawyer part of a leading Women Org, her husband, her cousin & one another lawyer).
•Investigation Officer - W/o Asst. Commissioner of Police.

Previous Exp in 498a:
My 498a case is 3rd in their family circle. Previous 2 cases have been successfully executed for money extortion & divorce using their official contacts & influence. Victim of one of the case tried to commit suicide. (This Info was given by Lawyer DIL of the witness, on the day of quash)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Counter Attacks & Actions Initiated by us:

1. We have sent copies of CrPc 161(3) witness statements, along with paper cuttings of 498a misuse to more than 25 relatives & elders of 498a family circle & neighbors.
2.Complained to State Human Rights Commission, Revenue Secretary, Tamilnadu DGP, and District Collector about the 498a girl’s father’s misuse of power & threats by their family.
3.Case registered by SHRC & report sought from COP, Chennai. The same IO who registered 498a case has been asked to send the report to SHRC by COP.
4. IO had summoned 498a girl, her father, brother & 3 witnesses & conducted enquiry on the SHRC case & submitted report to COP.
5.District Collector had ordered district SP to conduct enquiry on the atrocities by 498a gang.

After the SHRC Case enquiry & Collector's enquiry letter, 498a gang was shell shocked and begged us for 498a quash & mutual divorce.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PS:
After our cases are closed, we have started RTI attacks against the 498a gang (14 persons, including the witnesses & instigators + 2 IOs). So for we have filed 175+ RTIs and created lot of trouble to all of them.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Regards,
RKV, Coimbatore, Tamilnadu


Thu Apr 01, 2010 4:49 pm
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
Congrates Dear !!!! It will inspire other also .. If you please let other ppl know what all kind of RTI applications you filed !!!
Really encouraging !!! Your case is land mark for other .... Keep posting your updates !!!!

Congrateeeeeeeeeeesssss Again !!!


Thu Apr 01, 2010 5:49 pm
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Joined: Thu Oct 15, 2009 5:26 pm
Posts: 419
dear
well done. I am happy to hear about grand success. Has the 498a gang been sentenced or just frightened by your action.
Would be possible for you to share some of the letters/memos/complaints that you made to various agencies in order to seek releif. You may send pm if you wish.
Good luck with your life to move on and I sincerely hope that you help the members on the forum.
Once again congratulations for stopping the misuse and abuse of 498a.


Thu Apr 01, 2010 5:56 pm
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH


Fri Apr 02, 2010 4:29 am
Profile WWW

Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
"" PS:
After our cases are closed, we have started RTI attacks against the 498a gang (14 persons, including the witnesses & instigators + 2 IOs). So for we have filed 175+ RTIs and created lot of trouble to all of them.""
--------------------------------------------------------------------------------------------------------------------
I have said that cases, problems, humiliations are over only for me & my parents. But not for the 498a gang. All the problems have started for them after the Quash & Mutual divorce.

Following are some of the things going on:

1. Filed 35+ complaints against the ex-FIL to all levels of the Revenue dept., Chief Secretary of TN, Vigilance & Anti Corruption, Revenue Admin. etc & already 3 inquiries have been ordered by District Collector & things are underway.

2. Son-in-law (Doctor) of the retired ACP, who was instrumental in filing FIR, is in the verge facing disciplinary action from govt dept & University & loosing his job. (5 doctors of the famous hospital had visited our home for peace talk to save his colleague & their hospital from humiliation)

3. 498a girl has been fired by her College & moved to another college. Things are underway to get her fired from the new college as well.

4. With 15+ RTIs we have collected docs from COP, Chennai & SP office to prove the 498a case false & nexus between the 498a gang & Police. Legal notice is getting ready for the 2 Inspectors for Malicious prosecution.

5. Disproportionate asset accumulation case lodged & enquiry ordered against the ex-FIL based on his own deposition in court, where he said that he had gifted 60 sovereigns of jewels to her daughter. (But he never declared even a pin, as his asset to govt.)

6. Legal notice will be sent to ex-FIL for suppressing the assets & tampering the service records during enquiry ordered by Collector, based on my complaint. A Revenue Divisional Officer & a Thasihdhar also will be in trouble for helping him to tamper the service record during enquiry.

7. In another case a Sub-Collector is in trouble along with ex-FIL for irregularities in the dept.

We all know the efficiency of Indian Judiciary, Police & the things required to file cases against unscrupulous people for filing false 498a cases. So instead of wasting time & money in court premises, we are dealing the counter attacks in completely different domain using Complaints to higher officials coupled with lethal power of RTIs.

Regards,
RKV


Fri Apr 02, 2010 6:07 am
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
RKV,
I can see in your inlaws profile mostly ppl are Govt. Employees. Can you tell me like how can we use power of RTI incase when the inlaws have businees profile.

Thanks


Fri Apr 02, 2010 8:24 am
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Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA
Thanks for sharing. This will help many people.


Fri Apr 02, 2010 8:49 am
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Biwikamara,

Posted a general write up on RTIs at "Use of RTI to strengthen your court case" section of this forum.

Regards,
RKV


Fri Apr 02, 2010 10:56 am
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
RKV - that sounds great... How about 182/340 etc?
Would be great if you can make a press release and conduct a press conference.


Fri Apr 02, 2010 6:07 pm
Profile WWW

Joined: Mon Jun 08, 2009 10:10 am
Posts: 62
Hi RKV,

Heartly congratulations on your success. Hope all the people facing false 498A will be out of the mess at the soonest. Kindly let us know on grounds your case is quashed.


Mon Apr 05, 2010 1:23 pm
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Pawan,

It was a joint quash. Both the parties agreed to end the proceeding & petition was made accordingly.

Exact Conversation just before Quash Order in the open court at HC of Madras:
Judge: Are you sure, you want to Quash this case without alimony?
498a Girl's Lawyer: Yes my lord, Please Quash the case. My client & her family are unable to withstand the mental torture for last 2 months.

498a gang would have cried in the court hall, had the quash order NOT been passed by the judge on that day.

They had filed the false harassment case, when there was NO torture & withdrawn the same case, when there WAS a severe mental torture to the entire family because our counter attack. :)

Bottom line is: They kept the knife on our back to extort money, but we clasped their throat. So, they agreed to retreat.

Regards,
RKV


Mon Apr 05, 2010 4:30 pm
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Joined: Sat Jan 16, 2010 6:01 pm
Posts: 11
Hello,

Bravo........

You are real fighter. Congrates to you and your family.

Dont leave 498a wife and their family member, Put your full efforts to put them in jail.

Regards
Satya.


Mon Apr 05, 2010 4:40 pm
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Joined: Sun Apr 04, 2010 6:52 pm
Posts: 34
Dear RKV sir,

I need you help.. What is rti ? how to go about it?

sam


Tue Apr 06, 2010 1:38 am
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Joined: Mon Jun 08, 2009 10:10 am
Posts: 62
Hi RKV,

Thanks for your reply. What did you do or how did you attack them to come for a joint quash with zero alimony. Any counter cases you have filed ? Could you please post the judgement copy here.


Tue Apr 06, 2010 5:17 am
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Pawan,

Pl. read my original post & the details mentioned on "Counter Attacks & Actions Initiated by us" part.

As I said, its a joint quash & the order copy will not have any points for using in other cases.

Regards
RKV


Tue Apr 06, 2010 7:18 am
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Joined: Mon Mar 01, 2010 1:16 pm
Posts: 120
I think not having children also made it easy for RKV.

_________________
If you don't read a newspaper you are uninformed. If you do read a newspaper, you are misinformed. --Mark Twain


Wed Apr 07, 2010 4:36 am
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Sakuntala,

No, We had a kid & he was 3yrs old at the time of divorce.

Regards,
RKV


Wed Apr 07, 2010 5:39 am
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Joined: Mon Apr 21, 2008 12:04 am
Posts: 53
RKV,
My heartful congratz to your clinical execution. I should be really proud of your achievement having fought through a big pack of money hungry vicious wolves. I am held up in the same boat visiting the same court rooms as you are. Only thing that's moving in my case is loss of money in lakhs to the judicial system. I would appreciate if you could guide me through my final phase of this battle. Pls. send me your personal email or email me at furious.dad@gmail.com.
Eagerly awaiting your response.

Regards,
Dev.


Fri Apr 09, 2010 5:39 am
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Joined: Tue Apr 13, 2010 10:36 am
Posts: 2
Dear RKV,

Please accept my heartiest congratulations on this. You have set an example by fighting this case till the end. Truth is always victorious. Could you please provide me the details of your case so that it can be mentioned as a citation for the purpose of saving other families suffering from false 498a charges?

Eagerly Waiting for your response. Thanks.

Regards,
Member


Wed Apr 14, 2010 7:05 am
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
RKV ,

Was trying RTI ..

BIL , are Government employees ..

I am always getting vague reply from PIO , It seems PIO and BIL's are collegue he refused to send any details ...

Have few questions

1) While sending RTI , have you sent with your name to FIL's office ?
2) If say for eg.., if they have not filed Dowry declaration .. that we came to know from RTI , and what sort of complaint we can lodge against BIL ?

Please reply


Thu Jul 08, 2010 7:18 pm
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Joined: Thu Oct 15, 2009 4:45 am
Posts: 143
Sir,

Every acused of 498a / DV and other related case person know the pain while all are going through this cases.
But, only one person like you survive in such battle and f*** the 498a/DV families very very hardly.

It gives great courage and help to other.

Good workkkkkkkkkkkk

Congratsssssssssssssssss


Fri Jul 09, 2010 9:13 am
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
Good work done and all the best for your new life ...

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Fri Jul 09, 2010 9:17 am
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Thanks for the wishes!

4A9A8A - If the concern PIO is not providing proper reply, either you can go for 1st appeal & Complaint to State Information Commission OR make a complaint against the PIO to the department highest official (Secretary to State Govt.) with copy to all the superiors of PIO.

1) While sending RTI , have you sent with your name to FIL's office ?
~ YES. All the RTI applications sent so far, are in my name. (220+ RTI applications to 30+ department / entities)

2) If say for eg.., if they have not filed Dowry declaration .. that we came to know from RTI , and what sort of complaint we can lodge against BIL ?
~ If you have got the dowry declaration related details thru RTI, make a complaint in line with Govt Employees Conduct Rules of the state, mentiong the dowry details of the FIR & non declaration of the same to govt. & request departmental action agaisnt FIL / BIL etc.

member - The 498a case was quashed with Mutual Consent divorce thru' "out of the court attacks" against the 498a gang, as mentioned in my original post. So, the the quash order & MCD order doesn't have any complicate legal points to be referred in other cases. (mentioned like, both the parties agreed not to pursue the criminal case & agreed for divorce)

Regards,
RKV


Mon Jul 19, 2010 8:35 am
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
RKV,

Thanks for the reply ...

It would be great and helpful if you could share your email id , RTI questions asked with various departments ..

Had employed attack by reading your experience and others in the forum ..

Through RTI ,
I found , BILs (2 of them ) department replied for DOWRY DECLARATION as nil, Asset Declaration as Not available ..

and found that BIL's are running a business with the FIL's name .. though BILs are government employees they have not declared with the department

Above is the scenario ..

Questions here

1/ Can I file complaint with the department where BIL's working as they have not declared the DOWRY DECLARATION for their marriage and ASSET DECLARATION .. what sort of disciplinary action cost them ..

2/ AS the 498a case is incaesheet level ..

3/ SP of the district is negligence in filing complaint sent by us against the 498a b*** gangs , for action / launching FIR against DP 3 .. How to pressure him to file the FIR ? It is strange and could not accept the cognizance of the offence is not heard by SP of the district ..

4/ TEP petition sent .. no replies .. no action ..

Next planned
5/ Prepared the complaint will be sending to SHRC

6/ Prepared the complaint will be sending to college of the b**** to principal ,chariman where she is working

7/ B*** filed divorce and asked for heavy settleement .. Not responding to her demands .. filing counter through lawyer..

8/How to get the jewels which we gave to the B*** at the time of marriage ?


Mon Jul 19, 2010 4:59 pm
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