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Amrit (a)     22 January 2011

Favour by Police in 498-A

Married-Nov-2002 (Girl from poor family; father died b4 marriage; All expenses born by husband and his father)

Separated-Nov2008

Two Kids {One Daughter-5.5 years with me (father); One Son-3.5 years with mother}

July-2009- Wife filed complaint for Dowry in women cell

July-2009- Husband (me) filed RCR Sec-9

Aug to Oct-2009-  several counsellings; I agreed to take her with me; she refused; women cell recorded this in report; All proofs of expenses on marriage produced by me; women cell convinced and submitted final report in my favour.

Dec-2009- Wife filed an FIR (against me, mother, father & sister) on basis of a concocted story and false medical examination for 498-A, 323, 504, 506, 3/4 DP Act. (All of us were on duties etc on alleged date.) Police filed FIR on basis of instructions from court. SSP asked women cell to counsel parallely to the investigation Police called us for investigation.

Jan-2010-  I filed for quashing of FIR to HC; Arrest Stay from HC obtained; called both of us in next day.

Feb-2010- Police submitted detailed Final Report of 70 pages that case is not made out and NO guilty found. Women cell also submitted another report that complaint seems false (she didnt appeared in women cell).

Feb-2010- High Court called both of us, asked us to do compromise and live together, quashed FIR on basis of written compromise (without knowing Police Report).

March-2010- I approached her home to take her, She laid conditions. No resultant. I came back. Recorded the proof of my visit.

April-2010- She approached High Court to Recall the case on the basis that husband not taking her and made a fraud on Compromise to obtain orders for quashing.

May-2010- I was not able to attend the court on first hearing, HC kept in abeyance the quashing orders till further orders.

June-2010- I replied with proofs and copy of police final report. HC dismissed her recall application on basis of reply and police final report.

June-2010- She took a copy of interim orders of May-2010 and misguided lower court and challenged the police report. lower court passed an order for re-investigation.

Aug-2010- Police again submitted Final report that case is not being made out, No Guilty Found.

Oct-2010 to Jan-2011- Lower court called her twice but she didnt appeared.

Now the problem is that court is giving further dates after dates and she is silent on these dates (even though the complaint was from her side). My question is that what lower court can do?

a) Can the court accept the police report and will close the case or

b) If she appeals against the report, can court entertain it as a complaint/private case.

What should I do in later case.

 

 



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 3 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     24 January 2011

In the above case police has not favoured anyone and has given un-biased report.

Amrit (a)     20 March 2011

well friends, my wife expired due to chronic disease (T.B.) on 28th Jan. This ends all the legal matters and our disputes too. May she live in peace..

Shailendra prasad singh (Lawyer)     20 March 2011

not to marry again "think hatke jiyo datke".


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