Dv case
V.N.K. MENON
(Querist) 08 September 2016
This query is : Resolved
I have not been practicing for quite long time and was working in a private company now retired and is in need for guidance.
BACKGROUND OF THE CASE:
1) My daughter-in-law had gone to her house, taken by her parents under some false pretext. [This process was being done off and on and we did not take it seriously then].
2) Whereas my son received a call from his wife that she was not allowed to come back to sasural.
Further, she had complained to Women’s help line which reads: “LADY CALLER KO GHAR ME BAND KAR DIYA HAI USKO SASURAL JANE SE MANA KAR RAHE HAI ND PCR”.
I HAVE A COPY OF THE POLICE CALL RECORDS OBTAINED THROUGH RTI ROUTE.
3) When we came to know that she is suffering from mental disorder and used to be kept in asylum for a block of 20-25 days and the mental problem was there since school days, they sent a legal notice to my son alleging Domestic Violence (DV) and dowry harassment. This fact was concealed from us before marriage.
4) In our community there is no dowry system.
[ Whereas my elder son is married and we have not asked for any dowry from his wife’s people and they are ready to vouch for the same. Similarly we have not paid any dowry for my daughter as well].
5) Thereafter my daughter-in-law and parents filed a complaint with CAW cell and accused all members of our house alleging DV and insisted for filing of FIR against all of us, rejecting conciliation efforts by CAW Cell. CAW cell asked her to go and file FIR BY HERSELF.
6) After some time received a notice, ADDRESSED TO MY SON ONLY from Police Station to appear in the P.S. as an FIR was filed. AS REQUIRED, POLICE HAD NEVER INQUIRED FROM NEIGHBOURS ABOUT THE TRUTH OF DV COMPLAINT.
QUERY
The fact that the FIR was registered against my son whereas Complaint was made against all of us in the CAW Cell.
In this situation, whether I can file application in the High Court u/s 482 for scrapping of FIR, since FIR is in the name of my son and WE ARE PARTY ONLY IN THE COMPLAINT TO CAW CELL. The important thing is whether my application can sustain/ survive and is in fitness of thing.
SHALL APPRECIATE CONSIDERED OPINION/ COLLECTIVE WISDOM OF LD. EXPERTS TO POINTS STATED, PLEASE.
Devajyoti Barman
(Expert) 08 September 2016
Quashing is not a ready remedy and the same is rarely allowed.
So first get bail, then wait for submission of charge sheet after which you can go for quashing.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 September 2016
More or less same story in most of marriage related cases.
Quash is HIGH COST SUGGESTION with no results at all.
Get a competent advocate at lower court and contest the case properly, your son can come out of it.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
BACKGROUND OF THE CASE:
1) My daughter-in-law had gone to her house, taken by her parents under some false pretext. [This process was being done off and on and we did not take it seriously then].
WHAT WAS THE PRETEXT AND HOW IT WAS FALSE
WOULD YOU NOT HAVE OTHERWISE ALLOWED HER TO GO.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
2) Whereas my son received a call from his wife that she was not allowed to come back to sasural.
Further, she had complained to Women’s help line which reads: “LADY CALLER KO GHAR ME BAND KAR DIYA HAI USKO SASURAL JANE SE MANA KAR RAHE HAI ND PCR”.
I HAVE A COPY OF THE POLICE CALL RECORDS OBTAINED THROUGH RTI ROUTE.
Response : what was action by police.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
3) When we came to know that she is suffering from mental disorder and used to be kept in asylum for a block of 20-25 days and the mental problem was there since school days, they sent a legal notice to my son alleging Domestic Violence (DV) and dowry harassment. This fact was concealed from us before marriage.
How/when you knew first time about this disorder
Sudhir Kumar, Advocate
(Expert) 09 September 2016
4) In our community there is no dowry system.
[ Whereas my elder son is married and we have not asked for any dowry from his wife’s people and they are ready to vouch for the same. Similarly we have not paid any dowry for my daughter as well].
IT IS NOT RELEVANT WHETHER YOUR COMMUNITY HAS DOWRY SYSTEM OR NOT. DP Act does not provide exception to any community in India.
RELEVANT IS WHETHER THERE IS ALLEGATION OR NOT AGAINST YOU FOR DEMANDING DOWRY.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
6) After some time received a notice, ADDRESSED TO MY SON ONLY from Police Station to appear in the P.S. as an FIR was filed. AS REQUIRED, POLICE HAD NEVER INQUIRED FROM NEIGHBOURS ABOUT THE TRUTH OF DV COMPLAINT.
No need to inquire from neighbors. It is for you to bring them to the court (which most probably they may not) to depose in your favour.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
The fact that the FIR was registered against my son whereas Complaint was made against all of us in the CAW Cell.
IT APPEARS PRIMA-FACIE THAT FIR WAS BASED ON FRIVOLOUS ALLEGATIONS AGAINST OTHERS BUT NOT AGAINST YOUR SON.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
In this situation, whether I can file application in the High Court u/s 482 for scrapping of FIR, since FIR is in the name of my son and WE ARE PARTY ONLY IN THE COMPLAINT TO CAW CELL. The important thing is whether my application can sustain/ survive and is in fitness of thing.
ONLY THE PERSON WHO IS WELL VERSED WITH THE FACTS AND WHO HAS SEEN ALL THE RELEVANT PAPERS CAN ONLY GIVE EFFECTIVE ADVISE ON THIS ISSUE.
V.N.K. MENON
(Querist) 09 September 2016
MR BURMAN - PLEASE ACCEPT MY GRATITUDE FOR CUTTING STRAIGHT INTO AND THE REAL POSITION FROM WHICH I CAN MAKE OUT LOT OF USEFUL THINGS. ONCE AGAIN THANK YOU FOR YOUR BRILLIANT REPLY.
HOWEVER MR SUDHIR KR- GIVING CLARIFICATION.
1) For taking her to temple for fulfilment of 'mannat' which in normal course one cannot forbid. When relations are normal there is no point/question in forbidding.
2)Call records are given by a different wing of the Police. The concerned Police station refused to give as to what action had been taken in the plea that 'third party information' cannot be given. They inturn contacted the complainant who told them not to give information. Any way I did not approach CIC as i thought the call records are sufficient.
3) That was in My 2015 when it was heard from her own mouth. Her parents came and admitted that she was not well and needed treatment. But there after we received a legal notice and that is the beginning.
4) It is obvious that all sorts of claim will be made and has been made including allegations of dowry.
6) No preliminary enquiry was made. No provisions of S-41 as emphasised by the Apex Court in Arnesh Kumar vs. State has been complied with. AS opined by the SC itself this is an opportunity to make money by Police and has been done so.
ANY WAY AT THE TIME OF TRIAL WE WILL PRODUCE WITNESSES INCLUDING MY ELDER SON'S IN-LAWS.
Raj Kumar Makkad
(Expert) 09 September 2016
The trend in such cases has now changed. Hon'ble High Courts also know the truth behind such cases and therefore the judges seriously try to settle the matter this or that way so I shall suggest to go for 482 once the final report is submitted by the police before the trial court.
Raj Kumar Makkad
(Expert) 09 September 2016
Your son is the sole accused in the FIR so only he can approach the court not you on his behalf as you desired. After lodging of FIR, complaint has lost its significance.
V.N.K. MENON
(Querist) 10 September 2016
thank you mr makkad for considered opinion.
Rajendra K Goyal
(Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.
