deardear776yahoocom 17 March 2016

498a complaint transferred

I have a 498a complaint filed against me and my parents in city "A". There was counselling and then mediation at the CAw cell. We told them that the jurisdiction is not in city A but in city B, which is out of state. Now after mediation I got a message from the CAW cell that the case is closed and recommended for transfer to appropriate district.

What should we expect now?

Wwho is the case transferred to? police of Judicial Magistrate?

Can FIR still happen at the new jurisdiction?

Can we file a quash petition based on this?

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3 Replies

(Guest)

case will be started afresh in the court of magistrate in the new city. but you made a big mistake.

WHY ON EARTH YOU TOLD CAW THAT THE CASE IS FILED IN WRONG JURISDICTION? WHY INSTEAD DIDN'T YOU JUST FILE A QUASH PETITION ON THE SAME GROUND IN COURT ? DIDN'T YOUR LAWYER ANTICIPATE THE CONSEQUENCE OF TELLING CAW ABOUT JURISDICTION?

anyway, if they transferred it, you just hire a good lawyer who could anticipate moves and fight the case. you can't now file quash petition.

deardear776yahoocom 18 March 2016

The case was not registered yet. It was still at a complaint stage. And to my understanding after discussing with many lawyers, high court do not entertain quash petition at this stage.

Anand 18 March 2016

The case will be transferred to CAW cell of your district or to local police station if there is no CAW cell in your area, possibly for investigation afresh or for filing of FIR. Try and get a copy of the closure report filed by the CAW cell, it will help you in being able to stay ahead of the situation. If the report says that the complaint has been filed in the wrong district and is hereby closed and transferred, be prepared for a notice from the CAW cell/police station in your district for the matter to be investigated and mediation again. If they have filed a report recommending registration of FIR then a case might be filed against you directly by the CAW cell/police station of your district, in which case you will have to prepared by getting anticipatory bail.