Saturday, November 03, 2007

498A Quash: Why she falsely claims to be the daughter of Justice S N Bhargava?

498A Quash: Why she falsely claims to be the daughter of Justice S N Bhargava?

HC pulls up wife caught duping as judge’s daughter
Express news service
New Delhi, October 22 FOR long, Asha Dhingra ‘played’ several roles with elan: an IAS officer, a girls’ hostel director, gynaecologist, Central School teacher, and college lecturer among others. But it was her ‘role’ as daughter of former Sikkim High Court Chief Justice S N Bhargava that did her in.

Dhingra used her status as the former chief justice’s daughter to “extort” Rs 2 lakh from her husband Rajesh Dhingra, a Doordarshan employee, the Delhi High Court observed today.

She had also lodged an FIR, accusing Rajesh’s family of dowry harassment (under Section 498-A IPC).

The couple had married in February 2000, when both were based in Ajmer. Answering a nuptial advertisement put out by Rajesh, Asha introduced herself as a “virgin, a qualified doctor and daughter to Justice S N Bhargava”.

But within two years, Rajesh came to know that his wife was only a “matric pass and daughter of one Atma Ram Aggarwal”. In retaliation, Asha lodged two complaints against Rajesh and his family in the Crime Against Women Cells at Kirti Nagar and Nanakpura here. Both complaints were closed for lack of evidence.

But she followed it up with the domestic cruelty and dowry harassment FIR, registered in July 2003.

Subsequent investigation, though, led to her dénouement: police found Asha had carried out a series of impersonations at different stages of her life. The investigating officer found that besides being the daughter of Justice Bhargava, she had also claimed to be a Central School teacher in Assam, one “Dr Asha Aggarwal” in Kota (Rajasthan), a gynaecologist who wrote a letter to the Health Minister in 2003, Deputy Secretary (Home) of Sikkim, and lecturer with Jaipur College.

The probe report submitted before the High Court said she was a mother of two by the time she married Rajesh.

Quashing the FIR against Rajesh and his family, Justice Shiv Narayan Dhingra of Delhi HC today said, “The counsel for the respondent (Asha) himself is unable to explain her conduct and why she falsely claims to be the daughter of Justice S N Bhargava...

“I consider she was out to misuse the name of Justice Bhargava to extort money by lodging false FIRs... She is an impersonator and a cheat.”

The judge said stringent provisions of dowry harassment law should not be used as a tool for harassment and extortion.

The case so far
* Married Rajesh Dhingra in 2000
* Claimed to be ex-HC chief justice’s daughter
* ‘Extorts’ Rs 2 lakh from husband
* Identity found out in 2002
* Asha files case against Rajesh in 2002
* Files dowry harassment case in 2004
* HC quashes dowry case on October 22, 2007


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Reference Judgement : W.P.(Crl.) No. 976/2003

"6. It is settled law that normally the Court should not quash an FIR and should allow the investigation to proceed and come to a logical conclusion. The Court should quash FIR only in rarest of rare cases. However, it is also the responsibility of the Court to see that the provisions of law are not used as tools of harassment by impersonators and cheaters for extortion. Respondent no. 4 in this case is an impersonator, who claimed herself to be the daughter of Justice S.N.Bhargava while she is not. She imposed herself as an IAS Officer and daughter of Justice S.N.Bhargava, during her visit at Ludhiana and claimed herself as to be the Deputy Commissioner of Shimla. When police of Ludhiana got doubt over her identity she claimed herself as Deputy Secretary (Home) of Sikkim. However, this claim of her was also found false and a case was registered against her at Ludhiana. She claimed herself as MS( Gynae) while she was hardly a matriculate.


7. I consider she was out to misuse to name of Justice S.N.Bhargava
to extort money by lodging false FIRs. The writ petition is allowed and the FIR No. 98/2003 under Section 498-A IPC registered at PS Mahila Thana, Alwar Gate Ajmer (Rajashtan) deserves to be quashed and is hereby quashed."


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The law like 498A , Dv act made by our Great LAW makers with the assumption that why a women will spoil her married life and a women never lie, but the reality is totally different, it is not only asha, more than 98% cases are misuse of law and extrotion of money cases only, it is evident from the court record itself, it is the wife's family demanded the money from the husband's family openly in front of Judge, in fornt of police, in fornt of media, but we all term the same is her right.
Wonder , is this called right or legal extortion of money and such law made for extoprtion of money or punish the criminlas?

It happend only in India, in the name of women's right , our LAW maker provide a AK47 to do the Legal Terrorism openly and extrotion of money/Property form the Husband's family, with a assumption that women never lie , result more than 52K married man are ending thier life every year as per crime Bure report vs 28 K married women, but we do not find any protection or LAW to save gurd the Husbands Life.

LAW like 498A, DV act, CRPC125 are totally against basic foundation of criminal justice system and it is made to fool the common People.

This are the criminal LAW's are not for giving the justice, it is only for doing the extrotion of Money/property of Husband's family , the common people as early as possible understand is better for them.


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'This is no dowry case, it's extortion'




By HT
Tuesday October 23, 01:11 AM
Exercising its extra-constitutional authority, the Delhi High Court on Monday quashed a dowry harassment case registered in Ajmer, Rajasthan, concluding that it was an attempt by the complainant to extort money from her husband.


Justice S. N. Dhingra said the wife had misled the petitioner, marrying him with an intention to cheat.

She misinformed the man about her background and lineage by claiming to be a retired High Court judge's daughter and a gynaecologist by profession. "It is settled in law that normally the court should not quash the FIR and should allow the investigation to proceed and come to a logical conclusion. The court should quash the FIR only in rarest in rare cases. It is also the responsibility of the court to see that the provisions of law are not used as tools of harassment by impersonators and cheaters for extortion," said Justice Dhingra.

The complainant got married to the petitioner in 2000 after she responded to an matrimonial advertisement, in which he desired for a partner who was not willing to have a physical relationship. In her response, the complainant had claimed to be the daughter of Justice S. N. Bhargava, a virgin and a doctor.

For more than a year after the marriage in Ajmer, the couple lived at their respective hometowns. In 2002, the complainant moved to Delhi to live with her husband. After the two started living together, the complainant learnt of the fraud played upon him.

He learnt that she was a divorcee and had two children from the first wedlock, that she was not a judge's daughter and that she had studied till tenth standard only.



Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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1 Comments:

At 11:07 PM, Blogger Dipak said...

Dear Sir/Madam,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. Next court date is 04/01/2010 at Barashat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Mail Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. Now I decided that I’m not taken back my wife. I take a lawyer his ph. No is: 033 30127001. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family.
Thanks
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan.
P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.

 

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