498a police action
Aarti
(Querist) 24 October 2016
This query is : Resolved
I have filed 498A FIR on my husband and inlaws. Police have not taken any action whatsoever in last 6 months after FIR. I have gone to meet IO many times and he is saying that party is in different state, very little he can do. He has not even given 41A notice till now to accused. He called my husband to come and join investigation over phone, husband is saying send official letter then he will join. IO is not sending any letter. IO makes phone call to husband when I go to meet him and then he forgets about the matter - taking it very lightly. He is saying he cannot make arrests also. What is the use of such police when they do nothing?
Should I complain to senior police officers? I think my husband has given money to IO. Husband has not come to attend any investigation or attending dates in DV and 125 cases. His lawyer comes for dates in DV case and keeps making silly grounds to get more and more dates. My parents are getting very anxious and disturbed as nothing is happening for almost 2 years.
Sudhir Kumar, Advocate
(Expert) 24 October 2016
facts indicate that the IO is heavily bribed.
giving written complaint against him will cause action against him and request case to be given to another IO.
you should personally meet the SP.
Kuummaar AS
(Expert) 24 October 2016
Aarti,
YOU HAVE SAID,
"I have filed 498A FIR on my husband and inlaws. Police have not taken any action whatsoever in last 6 months after FIR."
WHEN YOU HAVE ALREADY WAITED FOR 6 MONTHS, LET IT BE MAXIMUM ONE MONTH MORE. BESIDES MAKING A COMPLAINT IN WRITING, FILE AN RTI SEEKING
1. COPIES OF NOTINGS OF POLICE OFFICIALS ON YOUR COMPLAINT ITSELF OR IN THE FILES OF POLICE DEPARTMENT, AS THE CASE MAY BE.
2.DETAILS OF ACTION TAKEN BY POLICE ON YOUR COMPLAINT TILL PROVIDING RTI REPLY.
Aarti
(Querist) 24 October 2016
My matrimonial home is in Mumbai and my 498a case is filed in Haryana near my parents home. Husband has filed a 420 case on me in Mumbai. I am worried that Haryana police will transfer 498a case to Mumbai police if I complain or make enemies within Haryana police. My cruelty allegations are for Mumbai. Is there some way to get cooperation from police without making bribes or complaianing against them? Can police transfer my 498a case to Mumbai if they want? Marriage occurred in Haryana but all incidents of cruelty and stridhan are in Mumbai. My husband has strong connections in Mumbai police, they are fully supporting his side in 420 case. I am afraid if Mumbai police get involved they will favor his side completely and give report in his favor.
Guest
(Expert) 24 October 2016
Vague query! Seems to be hypothetical academic query. There is no connection of 420 case against you with your 498A case.
Action of Haryana police on your complaint is not wrong.
Guest
(Expert) 24 October 2016
Ms. Aarti,
By the way, how do you know about 41A notice?
Rajendra K Goyal
(Expert) 24 October 2016
You can file case at your paternal residence, case would run in Haryana, will not be transferred in Mumbai. You can meet SP or lodge complaint with the CM window.
If your husband has filed cheating case in Mumbai, try to get anticipatory bail in that case.
You should file case for maintenance in Haryana.
Discuss in detail with your lawyer.
If FIR, has been lodged, can pursue through court also.
Aarti
(Querist) 24 October 2016
Thank you experts for guidance. I appreciate your help. Independent and unbiased opinion from experts helps me to understand my options properly. I cannot depend 100% on suggestion of my own lawyer because I am suspecting he is making false promises to me and my parents for taking more money.
P. Venu
(Expert) 24 October 2016
What is the reason/cause of action for filing 498A case!
Guest
(Expert) 24 October 2016
You are welcome.
Sudhir Kumar, Advocate
(Expert) 25 October 2016
"Is there some way to get cooperation from police without making bribes or complaianing against them? "
(i) Meeting SP with written complaint.
(ii) Application to Ilaqa Magistrate for directions for filing FIR.
(iii) Write petition in Chandigarh High court - writ mandamus.
(iv) complaint against IO before NCW - time consuming.
(v) complaint against IO in state Vigilance bureau - can be taken after success in (i) or (ii) or (iii)
Sudhir Kumar, Advocate
(Expert) 25 October 2016
"Mumbai police if I complain or make enemies within Haryana police. "
DO NOT COMPLAINT AGAINST IO AND THEN FACE FAILURE OF 498A CASE AND SUCCESS OF 420 CASE AGAINST YOU IN MUMBAI (it is non-bailable) and plan few days stay in mumbail jail.
Sudhir Kumar, Advocate
(Expert) 25 October 2016
"He is saying he cannot make arrests also. What is the use of such police when they do nothing?"
HE IS RIGHT. THERE ARE SUPREME COURT DIRECTIONS RESTRICTING POWER OF ARREST. SUCH DIRECTIONS CAN BE FOLLOWED STRICTLY BY POLICE OR IGNORED (BY LOOPHOE) BY THEM CONSIDERING WHO BRIBES THEM.
Sudhir Kumar, Advocate
(Expert) 25 October 2016
Further,
Mr Dhingra has raised a genuine doubt.
Please elaborate what is the connection of 498a and 420.
Please also elaborate what promises of your lawyer are making you to feel as false promise.
THIS WILL HELP EXPERTS TO REACT FURTHER.
Guest
(Expert) 25 October 2016
Mr. Sudhir,
I didn't want to give exact solution to the author's academic query, as I was not convinced about the problem to be real one. That is why I gave merely a hint about the action of the police to be not wrong.
A person not related to law cannot be expected to know about the provisions of sec.41A. So her query was considered to be an academic query.
So, I asked, how she knew about 41A notice, but she remained mum on the issue since yesterday. Since she does not want to reply that question, she simply thanked and got away from the query taking that as resolved.
P. Venu
(Expert) 25 October 2016
I am afraid we are overreaching. The author says she has filed a 498A but has not disclosed any action on the part of the husband and his family, which constitute the ingredients of the alleged offense.
It is only that she expects the police authorities to arrest the husband and his family members (may be it includes his aged parents and siblings who may not even be remotely connected with the disputes, admittedly, going on between the author and her husband) just because she has lodged the FIR .
Please note that the police are not authorised to arrest anyone on their whims and fancies, just because an FIR is lodged, but only in exceptional cases where restraining the freedom of the citizen is unavoidable. This is all the more relevant in 498A cases and other family disputes.
Rajendra K Goyal
(Expert) 25 October 2016
Expert Sudhir Kumar has advised in detail, can be benefited from advice.
Aarti
(Querist) 25 October 2016
1. My lawyer told me about 41A process, I read about it online and asked IO to follow 41A process.
2. 498a concerns various incidents of cruelty during few months I stayed with husband. It also includes in-laws.
3. I was fed up with behavior of my husband and inlaws and went to parents. He never came to apologize or take me home. Lawyer advised making 498a complaint in Mahila police promising that husband will come to take me, apologize and behave properly afterwards. Lawyer drafted complaint, he made some exaggeration of incidents and claimed to me that it is necessary. Husband came to Mahila cell and refused to take me back during counseling, he behaved very arrogant, asking all types of legal questions, he hired very expensive lawyer and filed counter cases on me in Mumbai. Basically any hope of joining relation back with apology seems to have finished after that. Only hope left is to get my stridhan and decent alimony so that my parents don't get more burden from me.
4. My lawyer advised filing maintenance cases 125, DV. He claimed since husband income is more than me I will get maintenance. Since 2 years no interim maintenance is ordered and now lawyer is saying I wont get it because courts have now become reluctant to give interim maintenance to professional qualified working woman. I am software engineer, husband has own bussiness.
5. My lawyer had said that husband and inlaws will have to travel for every date in DV case and it will pressurize them to make proper settlement. They have never attended any date, only their lawyer attends and files some new application every time. Even judge is saying no personal attendance needed at this stage.
6. Lawyer had said 498a will put pressure, they will appply bail and I can negotiate proper settlement at that time. They didn't apply bail, IO is not doing anything and husband has not approached or even spoken to us in 2 years now. During mediation in DV case, lawyer advised to not agree for settlement, that also seems now like bad advise just to take more fees from me.
Lawyer kept misguiding me to do things that give him more fees but not help me. We are now in process of changing lawyer. I will follow advise of experts and meet senior police officers asking them to take some action on FIR. All this has made lot of anxiety for my parents, we are losing lot of money in legal process with no results and no hope for results.
Thank you. I hope experts are now satisfied that my query is not academic.
P. Venu
(Expert) 25 October 2016
Thanks, the facts posted speaks for itself. The police authorities deserves kudos, not brickbats.
The facts posted should serve a wakeup call not only for the estranged wives as well for the legal professionals.
Guest
(Expert) 25 October 2016
You are advised to change the lawyer for handling of your case, if he has misguided you. Police cannot misuse sec.41A.
Rajendra K Goyal
(Expert) 26 October 2016
It seems your relation has reached to irreparable level. You can try through elders and family friends.
You can think to have second opinion from another lawyer.
Aarti
(Querist) 08 March 2017
New developments in my case:
1) We tried mediation again through court but husband refused to pay any settlement to resolve matter mutually.
2) 498a/406 FIR still under investigation in Haryana, no action taken by police in 2 years. I sent complaint to senior officer but nothing happened so far.
3) Court in Mumbai has taken cognizance against me under IPC 420, 406 based on husband's private complaint. I received summons. It is difficult for me to go to Mumbai for date so we hired lawyer in Mumbai who filed for exemption. Judge accepted exemption first time but on next date he did not accept exemption and issued bailable warrant.
Q: Will I be arrested due to warrant? Is there way to avoid humiliation of arrest?
Q: How can we defend case in Mumbai from Haryana? Do we need to go every date?
Q: Mumbai lawyer is suggesting to apply for Quash/Stay in HC. Is this useful? Other lawyer in Haryana is saying that this is waste of money. I don't know who to trust.
Sudhir Kumar, Advocate
(Expert) 09 March 2017
really futile to advise
1) We tried mediation again through court but husband refused to pay any settlement to resolve matter mutually.
वक्त आने पर उसे २+२=४ पता चलेगा
Sudhir Kumar, Advocate
(Expert) 09 March 2017
2) 498a/406 FIR still under investigation in Haryana, no action taken by police in 2 years. I sent complaint to senior officer but nothing happened so far.
किन तथ्यों पर 498a डाला है
Sudhir Kumar, Advocate
(Expert) 09 March 2017
3) Court in Mumbai has taken cognizance against me under IPC 420, 406 based on husband's private complaint. I received summons. It is difficult for me to go to Mumbai for date so we hired lawyer in Mumbai who filed for exemption. Judge accepted exemption first time but on next date he did not accept exemption and issued bailable warrant.
Q: Will I be arrested due to warrant?
और वारंट किस लिए जारी होता है?
Sudhir Kumar, Advocate
(Expert) 09 March 2017
Is there way to avoid humiliation of arrest?
अगली तारिख पर मुम्बई में पेश होने का लिखित वायदा करो और उस वारंट पर जमानत ले लो
Sudhir Kumar, Advocate
(Expert) 09 March 2017
Q: How can we defend case in Mumbai from Haryana? Do we need to go every date?
हर तारिख पर जाना होगा
Sudhir Kumar, Advocate
(Expert) 09 March 2017
Q: Mumbai lawyer is suggesting to apply for Quash/Stay in HC. Is this useful? Other lawyer in Haryana is saying that this is waste of money. I don't know who to trust.
जब उस वकील पर भरोसा नहीं जिसको मोटी फीस दी है और जिसके पास सरे कागज़ हैं तो यहाँ पर बिना कागजों के मुफ्त की रे पर न तो आप को भरोसा होगा और न ही फायदा.?
ऐसे लोग जेल में वरिष्ठ कैदियों की सलाह से ही फायदा उठाते हैं
Sudhir Kumar, Advocate
(Expert) 09 March 2017
Q: Mumbai lawyer is suggesting to apply for Quash/Stay in HC. Is this useful? Other lawyer in Haryana is saying that this is waste of money.
जब आपने पूरे तथ्य ही नहीं बताये हैं की किन आरोपों पर ४२० लगा है और उसमें सत्य/असत्य कितना है तो कौन आपको कह सकता है की किस वकील की राय सही है ?
Guest
(Expert) 09 March 2017
Mumbai Lawyer is Right.Based on the Cases pending in Haryana You could certainly apply for Quash/Stay in Mumbai High Court.
Aarti
(Querist) 09 March 2017
Expert Narsimha: Husband filed police complaint in Mumbai before I filed any case in Haryana. I am being told that since he filed complaint before me then I won't get any relief from Bombay HC based on pending cases. Do you still think I should file for Quash/Stay?
Expert Sudhir Kumar: 420/406 allegations are all false, it is a story about how I presented lies to enter marriage and then used lies to try obtaining ownership in his father's property, I took his mothers jewelry etc.
Guest
(Expert) 09 March 2017
Any Police Complaint against a Wife by husband Can Not be treated as genuine with out evidence and it would be treated only as a Precaution to save him self from the genuine complaint of wife.Consult a Good Senior Advocate and Proceed.
Aarti
(Querist) 19 April 2017
Update:
1. We filed for quash in HC for 420/406 case filed by husband. They refused to give interim stay on the case. They have given next date after 6 months.
2. Still no police report on 498A FIR filed by me. I have met DCP also, he says investigation ongoing, they have heavy load, will file report when investigation complete.
3. We tried mediation through husband's lawyer but they told that husband is not willing to give even 1 rupee for settlement, will only agree for zero amount.
4. Husband's 420/406 case in lower court is continuing. I had to appear for cancel warrant. I cannot afford to pay lawyer fees to undergo this full case, already so much salary going just in legal fees for other cases (DV/125/HC).
Is there no option left for me except agree for settlement with zero compensation?
What is the use of such a legal system?
Guest
(Expert) 19 April 2017
Women's Legal Aid forums and Free Legal Aid Forums are available in all the Courts.Meet them and explain your situation and they would certainly help and guide you.
P. Venu
(Expert) 19 April 2017
Is your husband and his family willing to settle the matter?
Aarti
(Querist) 19 April 2017
They are willing to settle but will not pay anything. They want mutual divorce, both sides withdraw cases and that's it. No return of my stridhan, no alimony for my resettlement, nothing. We approached through their lawyer and this is answer we have got.
Guest
(Expert) 19 April 2017
If they are willing to settle with the terms you stated, proposal of your husband and his family is not bad, as you will be able to get rid of the rigors and financial burden of the criminal trials both ways.
Don't forget action and reaction are equal and opposite.
