Wife has given criminal case against husband
mohan.D
(Querist) 10 July 2014
This query is : Resolved
Dear Experts
My wife has loged a FIR compliant against me on 21-09-2013 and police has booked a fir against me on IPC 1860(u/s-341,504,323,324,506) and police not arrested me and i got bail on 24-09-2013
Detail of compliant
My wife has given a false compliant against me in order to extort money and my decided father property she has mentioned in the fir that i got married on june 2010 and have three and half year son and we are staying with my husand in thier parent house and we went sepeart house which was build by my father-in-law one month back on 19-09-2013 my husband came to house by driking and asked money to me give when i refused he has beaten me and told to vacate house and i will give divorce and my husband shouted with filthy language by beating my parents and me infornt of house at 10.30 pm and people who are standing infornt of house has stoped the quarrel and my husband has beaten me with stone on my stomach which is laying on the ground so i got unconsesis and i got admit to govt hospital so on that date i cannot give compliant so i am giving compliant on 21-09-2013 and taken a necessary action against my husband.
next day police called my cell and told come to police station your wife has loged the compliant against you i went to policestation asked what compliant she has given after reading the FIR i told to police i was not in station i came to my house today only she has given wrong compliant in order to give troubel to me and she is not living with me sience dec 2010 before also she has given wrong compliant against my family on dowry harresment and you have only submitted B-Report and she is doing with intensional listening to thier parent words against me in order to extort my decaded father property and money police is not ready to listen to my words has my wife parents have bribed police and police told me after receiving HMR from govt hospital we have booked the FIR and they have send charge sheet to court and i got summons also that you have to attained court on 14-07-2014.
My querys are
1.when my wife is not leaving with me since dec 2010 how she can loged the FIR against me?
2.Can police can book FIR without investigation?
3.Can i challange FIR and charge sheet in HC bangalore?
4.Will my wife has to keep seprate lawyer in HC?
5.what is thier in charge sheet and HMR report i dont know?
6.What other action i can take?
Is thier any chance for police to do investigation again and submit the fersh report?
Dear expert please help me and give me the best advice
Warm regards
mohan
9880962229
Devajyoti Barman
(Expert) 10 July 2014
1. Based on false facts he can lodge complaint against you.
2. Yes
3.Yes but positive result is very uncertain as quashing is rarely allowed.
4.yes
5. apply for certified copy of charge sheet if you have not received any free copy.
6.Fight case on merit once quashing is dismissed which is most likely.
ajay sethi
(Expert) 10 July 2014
generally HC is reluctant to quash complaint lodged . fight case on merits
Rajendra K Goyal
(Expert) 10 July 2014
Quash is not allowed generally, move to defend the case on merits. Agree with the experts..
Dr J C Vashista
(Expert) 11 July 2014
Answer to your querys are
1.When your wife is not leaving with you she can lodge the FIR against you based on certain facts and circumstances, you will agree there is no smoke without fire.
2.The police shall register FIR without investigation based on information received from complainant.
3.You can contest and challange FIR and charge sheet in MM Court.
4.It is her decision to engage a lawyer, which you can help her taking the decision
5. Engage a local lawyer to advise you regarding remaining queries which are subjective in nature.
