Office objections w.r.t. high court_498a quash writ petition


HI Experts,

I am moving High Court in a 498a matter for Quashing the false complaint made in CAW Cell.

I am trying to File this Writ petition since 3 months now which is still not READY in High Court

My lawyer tells me that its pending due to Office Objections raised.

Can you all please throw some light on what is basically Office Objection and What type of Office Objections could be raised in 498a,quash,writ petitions by High Courts?

Thanks !

Best Regards..

 

 
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N.A

Strange!!!!!!!!

 

Why are you moving HC for quashing of complaint of Women cell ??

HC will reject this on very first date because CAW cell is institution for only mutual settlement and they donot have any legal power to intiate criminal proceedure. and 482 CrPC is only for reliefs in Criminal proceedings.

 

 
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N.A

Anyway if you wish to do so here is the list of common objections

 

http://delhihighcourt.nic.in/listof_commonobjections.asp

 
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Thanks Sachin for feedback.

As far as I know, The same complaint in CAW cell is translated into FIR. Please correct me if I am wrong.

All allegations made in this false complaint are omnibous and vague and are far away from reality. I possess multiple proof to crack them all Hence want to try my luck here under 482 CRPC. 

 

 
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N.A

Dear Ambycabin

Its true that if both parties donot reconcile, then CAW Cell will send the complaint to police station so can complaint can be converted to FIR.

It means that CAW Cell has no legal power to start criminal proceedings 

When CAW Cell has no power for start proceedings, there is no need for HC interference.

HC will only interfere after the FIR.

If you have strong proof donot open your cards let them register the FIR against you after that go for Quash.

 
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Advocate & Solicitor at Law

Office objections are generally techincal drawbacks in the case which can be easily withdrawn and corrected ssoon enough. Ask your lawyer to collect the file and clear the objections before refiling.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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Cool. Thanks for your suggestions #Augustine and #Sachin

 

@Sachin, In my matter, Section 9 case is already pending in my District court and CAW cell in her juridisction(District) is forcefully proceeding with the matter, She tried to lodge the complaint in my juridisction police station when she left me but matter was compromised and she did not file any complaint.(this was becasue Police identified the malafied and wrong intentions they had, Well, I had a different experience with Police than what comments i read about them in 498 matters on various websites) After this incidenc, We(all 15 accussed)have never stayed  together under one roof.

Now she have lodged a FALSE COMPLAINT in CAWt to harrass us,So that we go there and they can harrass us, If we dont attend the CAW dates, theywouldbe gvn a Recommendation Letter with IPC 498a,Hence I am trying to move HC to decide area Juridisction plus to raise my voice against the illegal proceedings of CAW cell of her district which is forcefully taking our statements, as its Criminal matter and none of the incidence reported in complaint (mental and physical harrassment) has taken place in her district! 

I was also in dielemma when my lawyers suggested for this, but I also belive that moving HC at this time could be helpful as any changes made in FIR later would be considered as improvization..Just Hoping to get Justice from Indian Judiciary System !

 

 
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N.A

 

Dear Ambycabin,

HC will not consider that " CAW cell in her juridisction(District) is forcefully proceeding with the matter Or  CAW cell of her district which is forcefully taking our statements " because CAW has no legal power to do anything they sent you the request letter whether you go there or not it is your choice, There is no jurisdication issue as it is the choice of the lady she can file the complaint in the jurisdiction of his matrimonial address or parental address. Moreover you should go to women cell to prove that you are cooperative with her and no need other person of your family to go at CAW Cell. 

Above all HC can only decide whether is FIR is prima facia correct or not but after registration of FIR. 

HC can't stop anyone from going to women cell, for mediation purpose.

 

You are wrongly advise by your lawyer.

 
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Dear Sachin,

Thanks for your inputs. We all know "CAW Cell mediation" is sweet Poison in disguise.I seen few judgements of Hon'ble SC stating that CAW Cell is purely Conciliatory body which has no power to Summon People and Record Statements. I have received "SUMMONS" from them, not a request letter ,and also They are recording statements themselves and taking my signature on it, completely favoring Woman which is natural as its WoMAN CAW Cell. They did not sent us summons to appear for the first date, They sent a Wireless Message to our Local Police Station which informed us about First Date of CAW and later After I filed RTI to CAW , they gave us summons.

I Seriously doubt the integrity of the CAW cell in impartial justice hence moving HC against them.

Well, I think the same that Since NO FIR as of now, Quashing is not applicable, But Looking forward to following positive scenario :

1. Names of remaining 14 accused could be removed from Complaint since they are no where related to any of the meaningless allegations 

2. HC might comment on the Juridisciton of  criminal proceedings that  may arise in future (because I had Notice bail in my juridisction and section 9 is also going on in district court of our Juridisction area since more than 8 months now) Court  may direct or Police themselves may register ZERO FIR and transfer it to our Local police Station.

3. I want to give a signal that I will not take False complaint lightly and I can reach Higher Forum for Justice 

kindly comment on the possibilities of above 3 scenarios.

With Regards,

 

 
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N.A

1. Names of remaining 14 accused could be removed from Complaint since they are no where related to any of the meaningless allegations 

No, currently the complaint has no legal ground as i said before Legally your wife is there for mutual settelment and any lady can go there to resolve mutual problems

2. HC might comment on the Juridisciton of  criminal proceedings that  may arise in future (because I had Notice bail in my juridisction and section 9 is also going on in district court of our Juridisction area since more than 8 months now) Court  may direct or Police themselves may register ZERO FIR and transfer it to our Local police Station.

No, Why will police itself or court will direct them to register FIR at choice of your jurisdiction. And there is no need of zero FIR. The lady has the legal right to register FIR at her matrimonial address.

And i dont understand why you asked the court for notice period when supreme court already ordered no automatic arrest without permission of magistrate. Then what is the need for that.

But now you have notice period i hope it was granted by HC so it will work doesn't matter in which district FIR will be registered.

3. I want to give a signal that I will not take False complaint lightly and I can reach Higher Forum for Justice 

Why to open your cards right now.

Trick is act like a fool, So they attack you without much preparation.

 

When you said you got notice period . It gives me impression that you are harrasing yourself without any reason , be cool and relax and don't go to court unnessary.

 
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