Girish (Senior Manager Operations) 13 May 2013

Ab in false 498a case

I married before 10 months (1 July 2012). Wife stayed with me for 21 days & then 11 days for Honeymoon. Me & my wife never stayed together in Mumbai at my parental home. We cohabited together at Baroda rented house, my place of work. My wife started threatening me since Sept 2012 of false 498a. From Oct 2012 I have filed many complaints at Local Police Station in Mumbai, ACp, DCP, Commissioner, Home Minister & Chief Minister. I have also filed a case in Metropolitain Majistrate court of 420 & other NC 504, 506, 507, 323, etc. againbst my wife & in-laws.

Now, my wife has finally filed a 498a FIR at Police Station. IO knows that the case is false. I have provided proofs to IO. Also, I have applied for AB for me & my family members (Parents, Siblings, etc.). (16th Apr 2013)

First Day (22nd Apr 2013) in session court IO told the judje that they need PC for taking statements. Judje told us that the allegations are not serious & gave us interim relief. He called my wife for next hearing after 1 week (30th Apr 2013) to ask if she is ready for settlement. My wife denied to judje when asked for settlement. Judje kept the order pending & gave next date after 14 days.(14th May 2013)

Meanwhile to trap me my wife has filed a False DV case with same SHIT at Metropolitiaon Magistrate Court (4th May 2013). me & my family got summon to appear merely 2 hours before the hearing on (9th May 2013)...I applied for time to put my say & judge has granted the next date as (27th June 2013)

Now that BITCH filed a FALSE NC Complaint at local police station as I threatened her on (9th May 2013).

Will this have an impact on my AB? How much? Do I need to appeal to HC?

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6 Replies

ashoksrivastava (scientist) 13 May 2013

Threatening wife with AB pending will adversely affect your AB provided it is proved or admitted. One has to be extremely cautious till AB is decided. You may try your luck in HC for quashing .It is likely that FIR may be quashed against some of the family members esp. when there is a tendency to rope in all the family members. regards ASHOK

Girish (Senior Manager Operations) 13 May 2013

Threatening wife with AB pending will adversely affect your AB provided it is proved or admitted.

I didn't accept this False Charge when Local Police Station Officer In-charge informed me. I didn't committ any crime & hence there is no question of admitting it.

This is a false NC complaint registered against me. Moreover the place where the alleged false incident happened/coocked & the Local police station of my area is far.

The crime should be reported within the limit of jurisdiction/nearest police station. This false complaint is lodged against me with ill intention to affect my anticipatory bail.

As far as my parents & siblings is concerned all the allegations in FIR are false & I have provided the sufficient evidances to the IO & to my lawyer.

I even checked the same with Police Station In-charge officer that how this false NC would impact my AB. He mentioned to me that there will be no impact; however, I can't put complete faith in Police Department as Police Commissioner promised me 2 months back that 498a case won't be filed against me however, due to the pressure from Court they took FIR last month.

If my AB will be rejected without proofs or suficient ground then? Will I get a chance to appeal in HC for AB?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 May 2013

Dear Querist

there is no effect on your AB by this NC complaint because the court will not consider her allegations because the court only think about your conduct with the investigation if you are cooperative with the investigation then the court will be grant your bail 100%, there is only 1% chance to consider this type of the complaint because these types of complaint can be registered by one one against anyone because this is NC report/Complaint then police is also registered, there is no effect.

Feel Free to Call

NADEEM QURESHI ADVOCATE

99538099569

8802305262

nadeemqureshi1@gmail.com

nadeemqureshi1.wordpress.com

ashoksrivastava (scientist) 13 May 2013

@Girish is there IPC406 also along with 498a?

Girish (Senior Manager Operations) 16 May 2013

The Bail Application is granted by the judge after going through the Crime Diaries provided by IO.

Step 1 - Completed successfully.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 16 May 2013

Dear Girish,

This is normal during the matrimonial matters. You have to wriggle out of this situation with patience. If you want to pay more then you have to settle otherwise after passage of time. You can bargain. It's up to you how you take it. There will be no problem to your anticipatory bail as she have to prove all the allegations, simple by lodging complaint no court would cancel your bail. so don't worry and enjoy life as she is trying to harass you.

Rajiv Bhasin

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505