Police investigation
INDIAN
(Querist) 06 July 2013
This query is : Resolved
Respected Experts , I have given a 3 Months back 406 / 498a complaint to police against my husband and inlaws. Before that I have filed 125 and in counter my husband files HMA13. About 2 Months back police called to us and my husband and his family where my husband clearly told that he do not want to take me back and he will go according to the court . Police told to both of us to record the statements and we did that. Now after 2 months of that meeting we approached to police to registet the FIR . Now police has told us that they r going to call again to my husband for reconcilation and given the date to us and to attend that meeting. We told to police that we do not want to part now as he has already filed the divorce and also refused in last meeting so I do not want to reconcile after so much degrading . We reaueted to police u first call to them and ask them what they want . If they r ready for reconcilation then we can have one more meeting. If they say no then register the FIR against them. Now police is calling us again and again to attend the meeting. Now my query is can I refuse to police that I do not want want to part of meeting
Raj Kumar Makkad
(Expert) 06 July 2013
You can refuse but it is always good to attend the conciliation meetings so that on failure from the side of your husband to respond properly, the police may file the case as desired.
INDIAN
(Querist) 06 July 2013
If I will say no then what will be the revesrse impact of this on my given complaint ? Will police register the FIR or not ? In first meeting my husband had refused to reconcile then why police is taking so much time to register FIR ? Now I neither want to reconcile after this degrading nore want to divorce him to save the life of one more girl like me . What should I do now ? If I will say no for next meeting , is there any effect of this on the HMA 13 ? (My 125 suit is on consideration stage in one or two hearings which is filed about one year back) Kindly reply.
Raj Kumar Makkad
(Expert) 06 July 2013
If you don't take part in the conciliation meeting then the police may not file FIR but there shall not be any adverse impact over the other cases.
Rajendra K Goyal
(Expert) 06 July 2013
Expert raj kumar makkad ji has well advised about the practical aspects associated with the legal advise. Better participate in the conciliation proceedings initiated by the police.
Devajyoti Barman
(Expert) 06 July 2013
The Police is not supposed to ask for your husband for meeting not more than three times. If it has expired and they have not turned up then Police is bound ti register FIR.
INDIAN
(Querist) 06 July 2013
Respected Experts : Thanks for ur advise. I m not saying that I do not want to compromise. As in last meeting they have refused so I want to make a request to police officer u first call them and get to knoe their will. If they say YES then we can have one more meeting and can come to thr compromise. If they say NO then their is no need of further meeting. The reason is only 2 years back also I have compromised in women cell but their was no change in behavior of my inlaws. Now again after losing my self respect I m on same point. Can I make the request to police as mentioned above ?
Nadeem Qureshi
(Expert) 06 July 2013
Dear Querist
you can refused to join reconciliation procedure if you dont want. you have right to file a criminal complaint/s 200 of crpc or section 156 (3) of Cr.PC against them if the police is not ready to file the case against them.
there is no side effect over another cases filed by you or him.
Feel Free to Call
prabhakar singh
(Expert) 06 July 2013
nothing to add is good way to avoid you.Me too do prefer the way.
INDIAN
(Querist) 06 July 2013
Thanks to all experts to respond to the queries. If police will not file the FIR and filing the conplaint direct in the court how much time will take to summon to accused ? What is the difference in FIR register by police and case filed directly in the court ?
prabhakar singh
(Expert) 06 July 2013
AN INDIAN SHOULD NOT RAISE QUERIES ABOUT TIME THAT COURTS MAY CONSUME.
Raj Kumar Makkad
(Expert) 06 July 2013
If you fail to get desired action from police then only resort the course of court complaint.
Devajyoti Barman
(Expert) 07 July 2013
Go to court and ask for relief. Do not waste time here getting academic knowledge.
