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(Guest)

498 a & mother in law arrest, can charge sheet can be stopped

My wife filed an FIr under 498 A against me and my mother. I have proofs against all the allegations and , in her previous marriage also she filed 498A got money, Her sister is also done same.

Can I go and show all the proofs to womens police station to prove my innocency, show that she/ her family is a habitual offenders and terrorising  to get money thru settlement. Or can I approach higher up in police department, where local WPS have not any any enquiry, just filed FIR without any verification/investigation. The charge sheet is yet to file in court.

Can they arrest my mother?



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 6 Replies

Sachin (N.A)     16 February 2017

Better to file anticipatory bail.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 February 2017

Sir, 

 

First of all take anticipatory bail and then if required go for the quashing of the FIR. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/


(Guest)
Originally posted by : bvsprao
My wife filed an FIr under 498 A against me and my mother. I have proofs against all the allegations and , in her previous marriage also she filed 498A got money, Her sister is also done same.

Can I go and show all the proofs to womens police station to prove my innocency, show that she/ her family is a habitual offenders and terrorising  to get money thru settlement. Or can I approach higher up in police department, where local WPS have not any any enquiry, just filed FIR without any verification/investigation. The charge sheet is yet to file in court.

Can they arrest my mother?

Yes, filing of charge sheet can be stopped.  Following are the ways,

1.  Hold feet of your wife and ask her to take back complaint.

2.  Hold feet of PSI not to file charge sheet.

3.  Offer money to wife and ask her to withdraw complaint.

4.  Offer box of moti choor ke laddoo to PSI and ask him or her not to file chargesheet.

 

Above two advises are also good one.  Apply for anticipatory bail.  As you already been there, seen it, done it, felt it in marriage no. 1.  You can approach HC, for AB. But all that is tedious process, how much HC advocate will charge you cant say.  What I suggest is, as arrest is not new for you, get arrested and apply for regular bail, as it will be cheaper than getting anticipatory bail.  Another problem with AB is, you never know when chargesheet will be filed,so until sucn time you cant approach HC for AB, it will be like sword hanging on your head and you simply dont know what to do.

 

From the above methods, I would prefer to advise you to offer box of laddoos to PSI and get matter sorted out, dont give laddoo directly, hold some middleman who is chamcha of PSI, if you can understand what I mean.

 

Going to commisioner etc all are waste, only thing is that you will feel little dignified approaching commisioners office WRT all this headache, WPS is best place to negotiate wrt Laddoo and also wife.

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(Guest)

One more thing, your story wont get over easily.  Doubts, queries all.. you maintain in one thread, so that people who are advsiing you will know what your case is properly before suggesting you anything. OK?

A walk alone (-)     16 February 2017

First of all take anticipatory bail . after AB almost case you win. Your wife has file case. She has to prove her allegations not you have to prove your innocence. Let her prove. Let her roam court and waste money on lawyers with zero result.Try MCD if she agree otherwise file divorce with help of your evidence.

Sri Vijayan.A (Legal Consultant)     18 February 2017

Originally posted by : A walk alone
First of all take anticipatory bail . after AB almost case you win. Your wife has file case. She has to prove her allegations not you have to prove your innocence. Let her prove. Let her roam court and waste money on lawyers with zero result.Try MCD if she agree otherwise file divorce with help of your evidence.

Right advice


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