498a, 406
ANAND
(Querist) 29 January 2014
This query is : Resolved
Sir,
I am elder brother of accuse, my brother's wife filed FIR against all family member Me(ESM)My wife(ARMY PERSONNEL)Mother (Pensioner 65yrs) Sister (Teacher) Jijaji( Business)498a, 406 at faridabad PS. My brother also an ESM they got married in Dec 2011 soon after marriage she started staying with my brother at vishakhapatnam after 4-5 months my brother retired from service and came to stay with my mother at dehradun in my house(registered on my name)where they got married and girl's belongings are kept in one room, my brother soon after marriage purchased a plot at same place for about 5 lakhs and got registered on her name,deposited 2 lakhs (FD) on her name, After some time she started claiming that the room belongs to her and no body will enter in her room without her permission or touch/use her belongings, by that time i am staying with my wife in her govt. allotted house in Chandigarh. She started creating situation with my brother & mother for splitting this property, Once there parent with local police and there family members arrived at night and create pressure on my mother & bro to sign on stamp paper which states they will split this property. Meanwhile my brother got job in SBI rudrapur and he left her wife and her belongings to her hometown(Faridabad) after 6-7 months he returned from job saying that she was asking for money for her needs (but she is working)he has started giving 5000/- per month but she started calling to the SBI mgr or gate keeper 5-6 times a day and asking about him and calling him(brother) saying that talk to your mother regarding splitting of property and leave the job and stay with me in faridabad, do job here and buy house for me as you are my husband and you have to take my responsibilities not her parents, if he deny then she will go to women help org. and claim for fraud done with her and her family her father is in BOB (bank security)
So he left the job and started staying with her in faridabad (hometown) where he bought a car for her so that she can got to job and he can also use for the same if got job in delhi,he has applied for new job in delhi and waiting for call letter. by this period there family also started pressurizing him for claiming the property. my brother got fed up and left there home with laptop and car and started staying some place in delhi but never ever contacted us. Girl is in contact with all my family members and saying them that he has left with jewelery and car which his father bought for them. We know that there are some small problem which will be sorted out after some time.
After some time my brother filed case in Rishikesh for divorce. Soon after summons gone they have lodged FIR 498a and 406 on all family members in faridabad. But we(me & my wife) have met them twice once in marriage and once when gone for common friends marriage and my sis and jiju met only once in there marriage.
We all where called up at PS Frd. in front of ACP but the girl or any of the family member not closeup saying girl is not well to come PS, ACP told to come after some other day fixed by them our advocate never go with any file or paper always say be ready if the make arrest we have to go for AB Or you want to delete the names then you have to give some amount to IO so he can do this Our laywer always hesitate to come with us to any where always says i am busy and i have contacted them with phone there will be no problem. But soon after one week PS called up and told to come again as we are coming from far away (Mumbai , Chandigarh)what we can do
1. Can we ask for other date
2. Can we change the advocate
3. Can police consider if female family members are exempted from coming again and again
4. Can we ask ACP to close this fraud case if opponent where not come again on the day
5.As my wife is in medical profession in army she is not able to go again and again
6. Girl say in FIR my wife try to kill her with poisoned injection and i hit her with hockey or stick my sis and jiju called her up and horrify her that she cannot do any thing as we have powerful people behind us
Plz advice us what can be do to save our soul from this case.
ajay sethi
(Expert) 29 January 2014
you can request for another date
you are at liberty to change your advocate
cops will record statement of female members who have been accused by your sister in law .
if your sister in law says your wife tried to kill her she has to prove the allegations . when did this incident happen did she lodge police complaint immediately regarding attempt to murder her . similarly as far as your hitting her with hockey stick are concerned whether she has any medical certificate regarding injuries suffered by her . all these issues will be decided in trial . if cops on investigations find no substance in the allegations you have nothing to fear
Rajendra K Goyal
(Expert) 29 January 2014
Since the complaint has been filed by your SIL you have to cooperate the investigation.
The law is favoring woman and others have to face this misuse of law.
Counter DV case can be filed from the female members of your side in case of circumstances so warrant, to oppose the steps from them. contact your lawyer.
ANAND
(Querist) 29 January 2014
I have told by the lawyer that the case is still in ACP's hand, if he agreed with the statement given by you then your and family name will be deleted from the case & Ajay sir the IO has taken some investigation like where are you staying how many members are there in your family when did you sifted to the Chandigarh is that sufficient.
What can i do to save myself from this fraud?
Devajyoti Barman
(Expert) 29 January 2014
I am not sure why all need to appear before the ACP.
No accused person needs to appear beofre the PS unless specifically summoned u/s 44 crpc for the purpose of investigation.
There is no point visiting the PS again.
It is the complainant who can decide to case the case. If no FIR is registered there is absolutely not necessary to visit the PS.
If the husband want s he can again meet the ACP but others do not need to go again.
You should better apply for anticipatory bail and cool your heels at home.
ajay sethi
(Expert) 29 January 2014
contact a local lawyer . deny all allegations made by your sister in law . draw attention to fact that FIR h been filed after your brother had filed for divorce . that entire streedhan is in your sister in law possession only . if any streedhan is lying with your family offer to return it immediatedly
ANAND
(Querist) 29 January 2014
Ajay sir,
I have got msg from my cousin brother that SIL started contacting him and passing the msg that she want if my brother agree to stay with her again then only she will consider to take back that FIR or else she will demand such amount that no body can pay her (30-40 Lac approx)maintenance money or all family will be jailed.
I have talked to my brother regarding going back but he is telling its better to be jailed for lifelong he cannot stay with that lady, she may again create the circumstances and file some other domestic violence case on him she has already made allegation that my brother has extra marital affair with other ladies also my brother force her to entertain his friends.
He is confused what to do all family members are scaring him that no one will come to help us, plz do whatever she wants .
But how can my brother or his wife can ask for space in my house is this possible?
ANAND
(Querist) 29 January 2014
Ajay Sir ,
Streedhan is what she brought from her home after marriage that is already gone including what we have given to her (jewelry,dresses, also all photogragh of her, Marriage album, what my brother buy before marriage for mother like blanket, mattress.
My brother's advocate is delhi lawyer i think he is not interested in taking the case to court more-ever always asking settlement is the only solution in this. case
Shonee Kapoor
(Expert) 29 January 2014
Hi Anand,
As the girl is not appearing in the PS, it is unlikely that the Police would proceed with the FIR.
Not all people need to join the Woman Cell in Haryana, only the groom and one other male person should suffice. Females who are not in the jurisdiction of the PS need not attend.
w.r.t. deletion of names, all relatives except MIL and FIL, who have not stayed with the girl, names would be deleted from the FIR pursuant to the directions of Hon;ble P&H High Court. Though, if crime against them is established in court, they can be summoned by the trial court under CrPC 319. You don't need to bribe much in these cases, nor seek their bail.
As for the lawyer not attending Woman Cell, he won't.
For settlement, negotiate and when the boy is not ready to stay with the female she has raised this bogey of ready to stay.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
ANAND
(Querist) 29 January 2014
Thank you very much Shonee sir for your expert reply, do i have to give any excuse for my wife coz she is not able to attend the 2nd meeting which is going to held on 01 Feb date is postponed on our request from 31 Jan to 01 Feb 2014 as her senior is not allowing (leave) to go. My father expired in 2002 only mother is there 65 yrs old with operated thigh joint bone three years back.
what proofs are required to claim we are not staying with them since there marriage 1)I have gate pass issued by armed force
2)My wife has service certificate with date of joining the unit.
3)I have Jetking institute card where i am attending classes for 2012-2013 course.
4)My wife's govt. alloted quarter letter
or more proof required
yogesh
(Expert) 29 January 2014
if FIR ha sbeen lodged they may arrest you with any reason an may be they are calling you for arrest..Once u get arrested the purpose of the AB will be over ..Better apply for AB ASJ court FARIDABAD..Engage any lawyer u trust most..Donot tneder any appearance before the court or before the police..Once AB given then only join the investigation, the police will have to grant you the bail at event of arresst with one surety or sum amount..then as per AB order you can apply for regaular bail before the Ld JMIC
Raj Kumar Makkad
(Expert) 29 January 2014
You have rightly been advised by advised by Ld. experts on all aspects.
ANAND
(Querist) 31 January 2014
Experts,
Today i am going to FRD PS they are calling for "tafteesh" my advocate is telling they are going to take statements from all family members on FIR no need to take AB as they are not going to arrest you or any other i have given word from PS
Is that the procedure or i should arrange AB from any other lawyer.
Girl's family may ask for arrest at the meeting, my brother saying the IO is asking for 30-40k per person for deleting the name from FIR.
Rajendra K Goyal
(Expert) 31 January 2014
The police can arrest. Demanding money in such cases to delete names is normal though no proof exists. If FIR has been lodged, better arrange AB.
yogesh
(Expert) 31 January 2014
Don't go directly..if they arrest you what will you do??..do you think that they will release you at meagre amount...arrange A.B first as FIR has been regsitered..state clearly in AB that you are ready to join the investigation and has handed over all the articles what ever you have( if any)..Donot state taht you will return all the articles as claimed by the girl side ( as theri desirews are unlimited)...you also have to see whether there is political influence or not..if names has been deleted at Inaitail stage..ist more than best because litigation cause you much more
ajay sethi
(Expert) 31 January 2014
it appears you dont have much confidence in your current lawyer . you can change your lawyer if you so desire .if you apprehend arrest better obtain Anticipatory bail . as far as payment of rs 30, 40 k demanded by IO is concerned i dont advise you to pay any bribes
V R SHROFF
(Expert) 31 January 2014
you change your advocate , IF DOUBT
Devajyoti Barman
(Expert) 31 January 2014
The lawyer is acting in fishy manner. I do not think you should continue with him anymore.
Do apply for AB and no need for others to visit police again.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
I further add that an Army person facing criminal trial can be considered for local attachment
