mrindia (proproitor) 11 July 2014

Arrest

can arrest be made after filling FIR immidiately.without giving sumon?

in my case my investigation has been completed in CAW CELL .and file moved to DCP for final FIR against me and my family.now the girls side are calling me to delhi for some compramise or reconsilation.kindly suggest if we should go for meeting or they are planning to arrest us there only.

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5 Replies

narendra.s.p (Chief Manager(Law)) 11 July 2014

Honourable Supreme Court on 02/07/2014

Has laid down guidelines for arrest in dowry complaints in

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1277 OF 2014

(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)

ARNESH KUMAR ..... APPELLANT

VERSUS

STATE OF BIHAR & ANR. .... RESPONDENTS

Sridhar (Advocate) 11 July 2014

If you have any doubt, ask them to come to ur place or any other place feasible for both of you. In spite of SC guidelines, you can't expect fair action from police. Instances are numerous where Police settles the matters under threat of illegal detention and illegal measures of torture, both physical and mental.

(Guest)

Supreme Court judgement do not slows down the arrest at any point. Also its quite early for these rulings to be implemented by Govt. Anyways If they are calling for reconciliation then its a good thing. As far as threat of getting arrested cannot be assumed. But you can try meeting them at other place, for instance if the FIR has been filed in Delhi then you can meet in UP or Haryana. The point being the jurisdiction of the police. Also consult a local lawyer and if you know that an FIR has been filed for you then immediately get an Anticipatory Bail.

Note: Anticipatory Bail do not exist in all states. For instance UP.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 July 2014

Dear Querist settlement is always better, tell them to transfer the matter before mediation cell of court

if not possible by them then file anticipatory bail and pray to court that both the parties are ready to settle the matter, hence the matter should be forward to Mediation cell of the court and till then the court may pass an protection order for you and your family.

Police can not arrest you or your family members without serve a notice as per u/s 41A of Cr.P.C

Feel Free to Call

Laxmi Kant Joshi (Advocate ) 12 July 2014

If the file had moved from caw cell to dcp office with recommendation to pass order to register The fir , then you must obtain AB for you and your family , also informed the court that a process of compromise/settlement is also in progress with other party till process you want stay on arrest , settle the matter with other party its good for both of you , if you still scare about police make arrest then choose other state and settle down your matter.