Misused 498A IPC in India

August 28, 2008
Sample of false FIR registered by Police U/S Section 498A  IPC
and Non-bailable Arrests Made & Prosecution Conducted Without
Any Investigations.
Ms. Lavina Chatur Kripalani is an law attorney admitted to practise in Bombay. High Court.
She came to USA on Fiance Visa to marry US Citizen. She was married in USA on 13. 02. 2002
in woodbridge NJ  Court and subsequently she was divorced on  01. 04. 2003 by order of the
Superior Court Middlesex New Jersey USA. Her father is also practising senior advocate at
Bombay High Court.
While the divorce proceedings were in progress in USA, she lodged false FIR u/s 498A,with Nagpada Police Station
Mumbai, which was registered vide FIR No. 405/2002 dated 31.12.2002. She did not disclose in the complaint to Police
that the divorce proceedings against her were on-going in USA which she was contesting as competent Jurisdiction.
Nor she informed US Court that, she had lodged criminal complaint in India against the petitioner and his family.
The part of false complaint reads as under:-
                          As my husband has settled down in America, he wanted to go to  America and as
                                   he was working on the post of a director in Information Technology Company in
                                   America, he wanted to remain present there and accordingly he left for America
                                   on 2.12.2001.
                                   At that time I said to him that let me come with you but he said that since he was
                                    holding a green card, if I go to America as his prospective wife, visa can be obtained
                                    Therefore I decided to go to America later on. I received a visa for going to America
                                    on 06. 12.2002.
i.  The statement is so well-worded and neatly woven that it does not leave any room for doubt that
     it is a well deliberated draft by a crook and criminal legal expert. The material facts have been
     concealed and suppressed in the complaint to mislead  the police.
ii.  Complainant who is a law-attorney is pretending to be a school girl or the uneducated village woman.
iii.  At the time of lodging the complaint with the police, complainant was very well aware that she was
       engaged to the USA Citizen on 08.07.2001 and as such she had signed and submitted an application
       on 12.07.2001 on form G-325 A  U.S. Department of Justice for grant of USA Visa. She deliberately
       concealed material information in the complaint, to secular arrest of accused fraudulently.
iv. At the time of lodging the complain, she was very well aware and she concealed the facts that she had
      complied with all the terms and conditions and she had filed all the applications, undertakings and
      .Immigration forms on 06.12.2001 under penalty of Perjury for grant of Visa at the US Consulate .
v.   At the time of lodging the complaint with the police, she was very well aware that there was the divorce
       case against her going on in USA, which was being jointly contested by her along with her father Mr.
       Chatur Kripalani senior lawyer Mumbai High Court and other lawyer friend Mr. Mangesh Dhabolkar. 
       She will-fully concealed and suppressed the material information while lodging the FIR.
vi.  At the time of lodging the complaint, she was fully aware that,she was fraudulently and will-fully misleading
       the police, and the accused were USA citizens and not the Green Card holders  as falsely and fraudulently
       alleged in the FIR stating that:-
                         “At that time I said to him that let me come with you but he said that
                           since he was holding a green card, if I go to America as his prospective
                           wife, visa can be obtained quickly”.
vii.  At the time of lodging the complaint, she was fully aware that she had returned to India on 28.06.2002 to
        pursue her studies in India. The lodging of complaint of cruelty to her by In-laws in USA after over five
        months after her return from USA was a motivated act. The false complaint was filed by her on 10.12.2002
        as Counter-Blast to the divorce case on-going against her and contested by her in USA.
viii.  While lodging the complaint, she was aware that she had demanded Rupees Ten Million in divorce case 
         and when she realised that, she can not stop divorce decree against her and that she was not likely to get
         any amount of money or property in settlement in USA, she was resorting to the misuse of the police
         machinery in India, with the oblique motives of blackmail and extortion and misusing section 498A I.P.C.
         without competent legal and territorial Jurisdiction by making false and fraudulent presentations,
         suppressing and concealing the evidence.
 ix.  While lodging the FIR with the Nagpada Police Station, she was fully aware that her friend  Mr. Mangesh
       Dhabolkar Advocate Mumbai High Court had negotiated the out of court settlement with the lawyer  Mr.
       Nagananda, representing the petitioner in the divorce matter in USA. She wanted the settlement to be
       re- negotiated by her lawyer father for maximum extortion. In this connection she had sent email one month
       earlier on 07.11.2002 before lodging the complaint on 10.12.2002 stating that,
                         “ About settling,  Mr. Nagananda may contact my father at 851 48 54 or
                            mobile no. 9821185507after a few days but please tell him to be to very
                            short and precise in thecommunication because my Dad unlike Mangesh
                            Dhabolkar will not allow him to talk at length on any irreverent subject
                            and ask him to call up early i.e. latest by 10 pm.”
        Her second email on 08.11.2002 states that,
                         ” Ask Naga to get in touch with Mangesh Dhabolkar at 2670317 instead of
                            my Dad so that they can restart the talks.”
 x.    Before lodging the FIR No.405/2002 Dated 31.03.2002 with the Nagpada Police Station Mumbai
        alleging mental and physical cruelty by entire husband’s family in USA, she was aware that three months
        earlier, she had submitted the sworn affidavit of Written Answers dated 11.09.2002 to the Divorce petition
        pending in USA, in which she had categorically stated that :
                           “The Defendant has no grievance with the husband and very much wants to
                             continue, preserve and nurture her marriage and return to her husband”.
xi.    At the time of lodging the FIR, she was very well aware that she had sent an email on 20.03.2002, while on five
        weeks vacation to California, demanding her own private and personal space to be provided to her in USA to
        live like mistress, where her husband could visit her when-ever he wants. Alternatively she desired to quit the
        marriage. The email reads as under:-
                            Dear Dinesh,

                            I called you today (20th) in the afternoon. I wonder if you got my
                            msg on the recording for u to call back.
                            I do like you & want this marriage but I don’t know how to deal
                           effectively with the situation.
                           The decision we take today may seem ‘ok’ but that same decision
                            might haunt you & me for the rest of our lives.
                            I am requesting you again that whilst you stay jointly with your
                            family you should be willing to give me my own private space.
                            Anyway, I am writing this to u because I would be forced to quit
                            our marriage.
                            The decision is very much in your hands.
xii.   She was aware, while lodging the written complaint on 10.12.2002 that she had returned to India
         on 28. 06. 2002, at her own free-will to pursue studies at SNDT Women’s College for course in
         “Event Management” for which she had sent her “Marks-Sheets” ( B.Com, LLB and Shipping ) 
          on 15.02.2002 at fax no. 380 9491 and secured admission in the college. She was surely aware that,
          she was not sent back to India against her will in Air-India, flight to India as falsely alleged in the
          complaint. She had sent an email after 10 days from reaching India on 10.7.2002 stating:-
                         Hi Dinesh!
                         Hows you? I am fine out here.
                         It feels good to be back in Mumbai. I am happy to be with Mom, Dad,
                         friends & family.
                        Today we had gone to the US Club at Colaba to play Housie and
                        returned  at 10 pm.
                        You could call me at 9 pm my time on Friday. Meanwhile you could
                        send an email as well.
                        Take Care
                         (The above email proves that the allegations made in the FIR by her are false,
                          motivated and Cock & Bull Story lodged  more than Five months after return from USA).
xiii.  Complainant has proved herself an accomplished liar.
         She has even thrown Goebbels far behind in the art of lying.
         The pathological and unscrupulous liar (Lawyer) has resorted to
         blatant falsehood and “Legal-Terror” and polluted the Judicial System. 
         Effective and stern action is needed to be taken against these legal terrorists
         to prevent the evil of perjury.
xiv.  If she found the situation so distasteful after her arrival in USA on 09.12.2001, then she being a experienced and
        professional lawyer should not have entered into prenuptial agreement on 05.02.2002 and married on 13. 02. 2002 
        in the Woodbridge NJ Court in USA.  She should have quit and not  packaged the “distasteful situations” into
        bundle of notes for delivery at Nagpada Police Station Mumbai India. She should have  returned to India,
        as per the conditions laid out in USA fiance Visa.
xv.  If the complainant had obtained Visa from US consulate as” PROSPECTIVE WIFE” in spite of being
        married earlier on 17.11.2001 as alleged in complaint, then she had committed perjury and fraud with
        USA department of Justice having embassy in India.
        The statement itself  can be taken as a voluntary statement , lodged as FIR by the Police and  can be
        taken as confession of crime and prosecuted accordingly.
xvi.  It is pertinent to note that the police officer, who issued non-bailable arrest warrants against entire
        family named in the complaint and posted ‘ look out circulars’ with airport police, did not take any action
        against the complainant who had confessed in the complaint that,” she had fraudulently secured immigration
        visa from US Consulate and had committed forgery and   immigration fraud. Police officer did not act on the
        information and enquired into the offence reported to him nor he took passport details of the complainant.
        The US Consulate was also not informed about the reported visa fraud and confession made by the complainant
        at Nagpada Police Station.
xvii.  Divorce was granted by the US court on 01. 04. 2003. No alimony was ordered.

         Both father-daughter duo were named, “Blackmailers and Extortionists”. 
xviii. There are allegations of mental harassment. Except from the version of the complainant, no material is available to in
          the FIR to corroborate what the complainant has stated.The complaint is highly imaginative and exaggerated version.
          There is no reference to the dowry articles in the complaint.  No particulars have been given. The complaint is full of
          character assassination of the husband and his family.Truth has an uncanny habit of surfacing. Somewhere between
          the lines of a complaint, oasis of truth can be found. Only material on record is statement of complainant. There is no
          averments other than that stated in complaint, against accused. A simple bald statement roping in the entire family is
          not sufficient to bring around such a charges. Taking the totality of the material on record and deeming it to be a true
          and correct, no offence is made out against the accused.
xv-iv Even charge sheet filed by the police, after one year of registering the FIR, the investigating agency was not able to
         procure any other material other than the statement of the complainant. Complaints showing dowry as reason for any
         dispute in the family has become common in India, because IPC 498A of Indian Law; is an easy weapon to use by the
         criminal, vindictive and abusive Indian wife/ daughter-in-law, with which the husband and his entire parental family
         can be harassed, jailed, and subjected to extortion and blackmail to use by the criminal, vindictive and abusive Indian
         wife/ daughter-in-law and her parents, with which the husband and his entire parental family can be harassed, jailed,
         and subjected to extortion and blackmail
xx  Criminal law can not be allowed to be used to settle the personal scores neither the Courts can be allowed to be used as
      tools. The Criminal blackmailer and extortionist, who lost her divorce case in USA,  lodged this FIR only to settle her
      personal scores.There should be perjury criminal proceedings against the false case lodgers for misuse of public exchequer
      and already crowded & overloaded judicial machinery free of cost. They must not be allowed to go scot free.