Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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police did not file 498A against husband

Querist : Anonymous (Querist) 15 August 2010 This query is : Resolved 
Hi Experts,
My cousin sister filed application on 28 may 2010 to SSP agaist her husband & his family members on the grounds of cruelty & demand of dowry.SSP transfer this application to DSP,by recording statements of both parties DSP denied to lodge FIR against husband & his family members.this is geniue request to SSP from my sister,she was subjected to cruelty & she gave birth to female baby who is not medically fit,husband & his family members never approach to wife & not give any finacial aid to wife & daughter.Approximately 4 lakh spent on the operations of baby.From the birth of baby,both mother & daughter r living with her parental home.Husband filed RCR just to escape from criminal case.should she approach to commissioner or IG or file complaint U/S 156(3) crpc ? If she file complaint u/s 156(3)crpc after how long time it decided.what is best option for her to take justice.
please give advice on the above matter
Devajyoti Barman (Expert) 15 August 2010
If the FIR is already registered then there is no point in filing petition u0s 156(3)crpc.
If not then yes definitely file petition under this section and also ask for the regular monitoring of the case by the Magistrate which has got power to do so. Mere filing of RCR is no tool to escape the criminal liability u/s 498A and other related offences..
Koumarish Bhattacharya (Expert) 15 August 2010
No, if even the FIR is registered, a complaint u/s 156(3) Cr.P.C. can be filed if no investigation is made thereof.
You may also file a complaint case u/s. 200 Cr.P.C.
s.subramanian (Expert) 15 August 2010
yes. I agree with Mr.Barman.
G. ARAVINTHAN (Expert) 15 August 2010
if 498 A,is proved, there may not be any hold in filing RCR
Kiran Kumar (Expert) 15 August 2010
file the complaint before the Magistrate as advised above.
Guest (Expert) 15 August 2010
The first thing you have to do is to file a complaint before the magistrate under domestic violence Act. For filing this, police cooperation is not required. Most of your grievances, spelled out above, would be resolved in this petition. After that, for persuing 498-A complaint, take appropriate steps suggested by my above friends.
WHATSAPP 91-8075113965 (Expert) 15 August 2010
better you can loadge complaint u/s 498-A and before the concerned magistrate , to be forewarded to the concerned police station u/s 156 (3) crpc for investigation.
you can also file a petition under domestic violance act.

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