Advocate Maneesh M. Dixit

Questions Answered by Advocate Maneesh M. Dixit

Q: What to do if i have been accused wrongly in a suicide case

My Ex-colleague's parent filed FIR based on the suicide note of Ex-colleague while committing suicide on 03rd May 2018. Police has registred it under scetion 306 with 34 & I am one of accused. The suicide note has my name with comment that I have harassed him during onduty. The actual fact is he was on contract working under me & resigned in Sept 2017. his resignation accepted by his company & all emails are shared with me by his company. He had availed 39 leaves during first half of 2017. There is no communication with him since he resigned & left the company. how can I be accused under IPC setcion 306 with 34??

Advocate Maneesh M. Dixit answered
Exact details of the suicide note will have to be looked into. Merely because name appears in suicide note does not make one guilty. Since suicide notes are many times written in distressed states of mind. Especially in cases of suicide in employment cases involving disgruntled employees. In your case, you can approach a higher forum to come out of the case rather than go through a prolonged trial.

Q: Can the complainant withdraw rape case filed in the criminal court

Before 4 years we had charged a case against a boy.and now my sisters marriage is been fixed and we want to close the case before the marriage.cab we do compramise with them.or what can we do

Advocate Maneesh M. Dixit answered
No. Earlier it was alowed with the High Court's consent under Sec 482 of CrPC. However, Supreme Court judgment in re: Gian Singh's case a few years ago does not allow that anymore. Hence, FIRs/ Complaints in case of henious crimes cannot be 'settled' or 'compromised' with the Accused

Q: False Complaint Of 354, 354A IPC filed on the victim

Dear Sir, Madam, Some society members and me have been falsely implicated by the society's chairmans wife under 354 and 354A IPC . It was a well planned co-ordinated event in which several committee members are also involved . The motive to falsely implicate us was due to several cash embazzelement which we we're going to expose . Also a criminal case was filled against the chairman for assaulting me few months . To protect the chairman his wife implicated us on false grounds. Please advice if we should quash the case or we should proceed with it . Any valuable suggestions are welcome . We have been tormented by such false acts and need proper justice .

Advocate Maneesh M. Dixit answered
Dear sir, it seems a classic case of tit-for-tat. You should definitely consider filing a quashing petition under 482 CrPC before the High Court to get the false and illegal proceedings quashed since clearly they have been filed as an afterthought.

Q: How to proceed with case instituted by fiancee for dowry?

Hi, sir, I had my engagement in the year January 2012 and marriage date was finalised. So when only one week was left for marriage the girls mother came to my house and asked questions related to my share of property. After that she started abusing my sister in law and my family. So we decided not to proceed with marriage and then she filed an fir related to Dowry. I have hired a lawyer and case is still going on since 2012. Please let me know how to tackle this case. I married to another girl in 2014, i have taken case on board, opposite party girl also got married, plz suggest what to do now

Advocate Maneesh M. Dixit answered
If the FIR is filed and not being proceeded with and both the parties have moved on with their respective lives and there is no other document or witness on record to show demand for dowry, then its a fit case for going to High Court and quashing the FIR altogether.

Q: How to make husband pay for son and wife is staying at parents home

We are Buddhist. My sister is teacher & married in 2013 also having a kid. But her husband n in-law tortured her mentally. She always been asked for to disclose her financial savings. Her husband is also fought with her regularly to give the savings details. My sister is not disclosing the same coz her husband don't save a rupee for future. She is saving the money for her son. Now from last one year she is staying with us. But her husband not taking care of her & her son. All the expenses occurred are managed by her. Her husband is now threatening her for divorce. We are planning to approach the mahila aayog to intervene in the situation. Also we want her husband need to pay the atleast expenses of her son. Her mother in law is creating the misunderstanding between my sister & her husband. Even her mother in law misbehaves with us. So atlast my sister don't want to stay with them, she want to settle saperate with her husband. We are worried about her n her son's future. Kindly suggest.

Advocate Maneesh M. Dixit answered
Please approach a Judicial Magistrate's Court and file an application for interim maintenance under section 125 of CrPC. The law states that the husband has to maintain the wife even in case of desertion. Also, you can file a complaint under the DV Act for action against husband and in-laws.