False case by wife
Rama
(Querist) 21 October 2012
This query is : Resolved
Hi - my wife and I recently had an argument. After a while my wife started physically abusing me by trying to strangle me, later trying to stab me with a knife, throwing ceramic jug at me and beating me with water bottle/bare hands and then slapping me. In my defence I had to twist her hand once, and kick her away when she was trying to strangle me. Then she took our children and left for her parents house. She has now registered a case against me under sections 323, 504 & 506, with all lies in the FIR. What should I do know and how do I protect myself? The cop says he can come and arrest me anytime, and is asking for bribe to wait for 3-4 days. Please help
Sanjeev
(Expert) 21 October 2012
obtaining AB or regular bail should be the first thing you need to do at the moment and secondly change your regular place of living you will need to be underground till you get bail to avoid arrest.Dont indulge with police or bribe them.
Nadeem Qureshi
(Expert) 21 October 2012
Dear Querist
if you are in the state in which the AB is applicable you should get AB otherwise get a FIR copy and file a quash petition before the court and get arresting stay.
feel free to call
Rama
(Querist) 21 October 2012
Thanks a lot for your advice.
I am residing in Noida and FIR is in Noida police station only - it falls in UP state, but I am not sure if it falls under Delhi High court ?? Can you please clarify ? Is AB applicable in this case?
The FIR was filed only last 4 days back, can the police arrest me without any investigation? These are non-cognizable IPC sections (as I read on the Internet), doesn't that mean a court warrant is required for arresting?
And if my wife agrees to reconcile and withdraws the complaint, will this go away or the police will continue?
Thanks a lot for your help
Sanjeev
(Expert) 21 October 2012
Noida is in UP and there are no AB provisions in UP.
So you would need to file a Criminal writ petition in Allahabad High court that will grant temporary stay of Arrest and direct the local court to grant Interim Bail and refer the case for mediation.
There would be mediation sheduled between you and your wife and if it succeeds your case would be quashed if it fails then your final bail application will be heard by local court and most probably it will be granted.
So contact a Allahabad high court lawyer and also consult a local lawyer in Noida courts.
