case u/s 498A, 323, 504. 506
Querist :
Anonymous
(Querist) 31 August 2010
This query is : Resolved
Wife of my younger brother filed fake case u/s u/s 498A, 323, 504. 506and 3/4 anti dowry. in ghaziabad against brother,mother, my wife and my sister (married and sttled in USA) on 20 july'10
Both were living in ghaziabad with their 4 month old son.
We have got stay arrest from Allahabad HC i firts wk of august, and case is sent to Mediation center. The date of mediation is awaited.
What will be the procedure in mediation?
NOW my brother want to compromise with same girl to avoid long tension/hassle in legal process to all family memberes and thinking the future of 4 month old son.
Pls advise what should be terms for
compromise. and what steps other family member should take to avoid such fake FIRs by same girl
Guest
(Expert) 31 August 2010
IT IS BETTER IF COMPROMISE IS POSSIBLE .COMPROMISE PURCIS CAN BE FILED IN COURT BY SIGNING BOTH THE PARTIES BUT AS THE SECTION 498A IS IS NON COMPOUNDABLE THE COMPLAINENT SHOULD BE EXAMINED IN THE COURT AS HOSTILE WITNESS WITH THE HELP OF LEGAL EXPERTS.SO THAT NO REACTION OR RISK IS THERE.
AFTER COMPROMISE THE HUSBAND AND WIFE WHOULD STAY IN A SEPERATE HOUSE SO THAT IN FUTURE OTHER FAMILY MEMBERS ARE NOT HARASSED UNNECESSARILY BY FILING FALSE COMPLAINT.
KINDLY WRITE AND SEND DETAILS WILL HELP YOU.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
Querist :
Anonymous
(Querist) 31 August 2010
But they were living seperately from other family memebers along with their son when this fake FIR wa sfiled by girl with help of her parents.
Other family memebr live in New delhi and they were living in ghaziabad.
Also my sister is stteled in USA. whose name is mentioned in FIR
Guest
(Expert) 31 August 2010
YOU MAY FILE A WRIT PETITION IN THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT UNDER SAID SECTIONS.YOU MAY MENTION ALL FACTS.HIGH COURT WILL QUASH THE COMPLAINT DIRECTLY .YOU WILL SUCCEED.
KINDLY SEND DETAILS FOR FURTHER HELP.
NANDKUMAR B.SAWANT, M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
s.subramanian
(Expert) 31 August 2010
Yes. Mr.Nandkumar is right.
Querist :
Anonymous
(Querist) 01 September 2010
When case is already refered to mediation center in HC ,Can we as petitinor file for quashing and what reasons are to be mentioned for quashing.
Will the the girl side not object for this?
Querist :
Anonymous
(Querist) 01 September 2010
When case is already refered to mediation center in HC ,Can we as petitinor file for quashing and what reasons are to be mentioned for quashing.
Will the the girl side not object for this?
