Legal Question in Criminal Law in India

I got married to my wife on 30/11/2012. I am from Mumbai and my wife is from Delhi. After marriage we started residing at the matrimony home in Mumbai and there after we got separated on 30th December 2015 due to matrimony dispute and my wife went to her parental home in Delhi.

As expected after reaching Delhi my wife registered an FIR against me and my parents as P.S-Rani Bagh, North West Delhi having wide D.D No 225 year 2016, u/s 498a,406,377,354,34 IPC. in which charge sheet has been filed in the year 2019 in the Hon’ble court of Rohini, Delhi. However summons has still not been issued to us till date. The N.D.O.H in this regards is Feb 2020.

Further on 01.10.2018 my wife again cooked up a false and a frivolous complaint against me with wide D.D entry No:- 24/B, dated:-1/10/2018 in which my wife has specifically mentioned “ That on 26.05.2015 I have operated the joint locker in the name of me and my wife at kotak Mahindra Bank Mumbai, Maharashtra with an unidentified women by forging the signatures of my wife and thereafter I have stolen all the gold and diamond jewelry of my wife. It is pertinent to mention that this complaint was not a part of the F.I.R and was an after thought and was later on clubbed with the FIR by the I.O, but this complaint has a separate entry at the concerned P.S as mentioned above.

Following above mentioned allegation the I.O of P.S Rani Bagh served me an arrest notice with regards to the above mentioned FIR and also clubbed the Forgery complaint along with it.

There after my anticipatory bail application was dismissed by the Hon’ble Session and High Court of Delhi. Further one of the reasons for dismissal of my bail applications given in the bail order sheet by the Hon’ble Session and High Court of Delhi was that the Concerned I.O needed my signatures in order to send it to the FSL Authority, Rohini to verify the allegations of forgery leveled against me by my wife with regards to opening of the Joint Locker at Kotak Mahindra Bank in mumbai by forging the signatures of my wife along with other heinous allegation mentioned in the FIR.

Hence because of all this I had to spend 15 days in judicial custody and finally was granted regular bail by the Hon’ble Court of Delhi on 30th jan 2019 as the charge sheet was filed however the report from the FSL authority my with regards to verification of sample signatures of me and my wife with regards to the allegations of forgery leveled against me by my wife was pending.

In this regards the concerned Kotak Mahindra Bank, Mumbai also conducted an internal inquiry and thereby issued an enquiry letter clearly stating that “The signatures have not been forged and the locker was operated by me as well as my wife after proper sign verification and following the due process of the Bank”.

Further the FSL Authority has recently on December 2019 also sent its report in this regards in which it is again established that the signatures have not been forged and it belonged to my wife .

Now since the FSL report has come in my favor and also the bank internal enquiry is also in my favor with regards to allegation of forgery and also since the complaint with regards to forgery was made separately in the year 2018 and the FIR was registered in the year 2016 as mentioned above, I have two questions specifically related to the allegation of forgery to ask:-

A) can I initiate a proceeding under IPC 211 and 500 in Mumbai since the cause of action with regards to allegation of forgery happened in mumbai and I also live in Mumbai. If yes, then what would be the basic procedure to proceed Legally with regards to IPC 211 and 500.Should I file a police complaint at my local P.S in Mumbai and then approach the court under 156(3) if police do not take any action.

B) can I initiate a proceeding under IPC 182 at the P.S Delhi where false complaint of forgery has been made against me by my wife. If yes how do I initiate a proceeding under section 182 IPC, what is the basic procedure???.

c) I do not wish to club IPC 211 along with 500 with IPC 182 together. I want to file IPC 211 and 500 in Mumbai and IPC 182 in delhi. IS it possible ???

Asked on 1/23/20, 9:29 am

2 Answers from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

It is highly unfortunate that you had to go through this ordeal. In a similar, where the wife had alleged 377 against the husband, i was able to get anticipatory bail from Delhi High Court and also the charge u/s 377 was dropped by the trial court. In your case, you got trapped in the allegation locker. You could have saved yourself had you got the bank employees issue certificate of authenticity in your favour. As far as your query for counter cases is concerned, i think it is not the proper stage for the same. You need to wait for the acquittal. Your lawyer can argue on the point of charge and once you get discharged, then also you may think of initiating an action.

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Answered on 2/16/20, 10:40 am
Jeevesh Mehta Maven Legal LLP- Advocates & Consultants

I think you can file application under se3ction 340 CrPC before Delhi court seeking an order of enquiry under 185 CrPC for offences under 182 IPC.

Proceedings against the IO can also be initiated as it was his duty first to verify the details from the bank at mumbai.


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Answered on 3/23/20, 3:02 am

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