Quashing 420 FIR and then Divorce
Ranganath
(Querist) 06 December 2008
This query is : Resolved
Within five days of marriage, My wife has sent a mischevious SMS from my mobile to her mobile saying that ''I was interested in another girl before marriage and married her under pressure from my parents''. This is not true.
Along with this she had filed a dowry case against me. I was told by police that a FIR is filed U/s 420 and 417. Since we attended joint couseling session (the fact not revealed in the dowry complaint) 498a is not registered against me I guess.
We were in touch by emails after our engagement happened which was 3 months prior to marriage. She also didnt respond to my honeymoon plans before marriage and refused to come for the same after marriage.
She was not willing to live with my family and had done such an act. The marraige has also not consummated and now her parents are demanding money from us for compensating their marraige expenses. I have also filed a restitution of conjugal rights long before the FIR was registered. They have taken their belonging from my house, they have also given this in writing in the police complaint and our jewellry is still with her.
After all this harassment I want come out of this marriage too as she and her family are refusing to patch-up. Pls help me by answering the following questions. My sincere thanks for reading and replying to my questions. I am under pressure right now kindly give good advise.
1. Can the 420 and 417 FIR be quashed. For some reason my lawyer is not giving me a go-ahead to get the FIR from police.
Since we refused to withdraw RCR petition filed by me they have registered the FIR more than a week after the complaint is lodged. Is this delay justified. Mean time they were forcing for nullity based on the SMS message and were aking money.
2.I have secured Anticipatory bail in case I am arrested for fake dowry harrasment. Will the bail be applicable for this FIR too.
3. Will this SMS stand as an evidence in court for the alleged cheating though there is nothing like that in reality. The SMS message is not pointing to any other girl's name. Neither that I have any contact with anyother girl.
4. She has mentioned in her police statement that the reason for leaving my (matrimonial)home is that I didnt take her to her relative's marriage funtion and hence asked her father to take her. This doesnt seem to be a good reason to leave my house forever. Can they change the content of police complaint and statement given by her in future.
5. If the FIR is quashed can I file for divorce (within one year of marriage) bcos of the fake dowry harrassment complaint being registered and her dessertion. How long will this process take.
6.She is employed and earning more than 25 thousand per month. By any chance do I need to pay money for the marriage expenses they incurred or any kind of alimony/maintenence. I do have a financial burden in terms of EMI for housing loan.
Thanks a lot.
Prakash Yedhula
(Expert) 07 December 2008
1. Since you say that the FIR is not under 498 A but under 420 and 417 IPC, the contents of the FIR are necessary for any sort of opinion for quashing the same.
2. Whether the AB was granted as 'Crime Number not known'? as there was only one complaint against you?
3.SMS should be corroborated with other evidence.
4.She cannot add any new case, as it would be detrimental to her own case.
5. You can even now file a case for divorce.
6. Though she may not get maintenance, still she can insist for marriage expenses for any settlement. However, this cannot be sought legally like maintenance.
A. A. JOSE
(Expert) 07 December 2008
Dear Mr.Ranganath,
Could you kindly reproduce the FIR filed againist you to have a proper appreciation and opinion. Your facts appears to be typical but most regrettable one.
With best wishes to come out.
Ranganath
(Querist) 15 December 2008
Sir Today I went to magistrate court and had a look at the FIR through an advocate there. I came to know that this FIR is based on a new complaint lodged after almost a month the first complaint was lodged. The (women) police had recorded both my statement as well as my wife's statement for the first complaint. In the first complaint my wife had mantioned that they have taken away all their belongings from my house. The first complaint was lodged by my father-in-law and statement was taken from my wife. It appears that the secod complaint was lodged by her itself in which she had maentioned that dowry artcles are still with me and the FIR is books under section 420 and 417. I have AB for the first complaint doI need to get AB for the second complaint. Can police arrest me inspite of my AB. My AB order has only reference to the Crl OP number with HighCourt with unknown crime number. How to get the FIR registered after the second complaint quashed. Can I get the copy of first complaint and my wife's statement from high court for wich I have AB. Also tell me if I need another AB at this point.
Thanks a lot.
anantha krishna n.v. Advocate
(Expert) 20 December 2008
Dear Ranganath,
Your wife is innovative. Lucky are you, you got AB in the first complaint.
Now, take the copies of the complaints in the first and second one. If possible, the statements recorded and file quash for both the complaints.
You have not stated the date of marriage. If the marriage is more than one year, you may file a divorce petition.
You can get copies of any thing, on payment of usual costs.
regards
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
