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lancy (technician)     12 May 2013

False dowry harrassment case

dear sir,

i am a victim of false dowry and s*xual harrassment case from my wife against me and my one brother,(even she put name of my parents and another brother too but their name not in included in chargesheet) .i am working aborad and before she file that false i case i had filed the divorce case on her and she never attended the court anytime.With in a week of time of her false FIR in police station i got the seperation order from court as expartie as she never attended in court.As i am catholic my advocate told me we got married throught christian custom seperation noyl can obtain and i can get marry again.My wife did not know that i got exparty seperation order until one year,and now its almost 20month since i got that order but she never challenged in higher court too. and i got bail for that false dowry case and i got permisson to travel aborad to work too on condition that i have to be present in court when its obsoulte necessary for trial.now my wife wants to withdraw that false case against me and my brother,and next date will be 13th june for hearing and i am not attending that case as i am in aborad as my advocate will handle it,now judge charged the case and summoned my wife to attend this coming 13th june.wether its possible to withdraw the case  as she wants,or what next steps sto be followed? as she has no proof or anything to follow her false case,instead i have lot of proof her cruelty and desertaion and my seperation order too,but i want to come out of this headache so if she withdraw that case then i will be free.so what will be your sugestion about her withdrawel wishes and is it possible?and can i get marry with seperation order as i am christian?



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 3 Replies

ajay sethi (lawyer)     12 May 2013

Dowry harassment (Section 498A of the IPC) is currently a non-bailable, non-compoundable (complaint once registered cannot be withdrawn) offence under the IPC, which attracts imprisonment up to three years

 
The Supreme Court has sought an amendment in the Indian Penal Code to make dowry harassment a "compoundable offence" — which would allow willing families to settle their problems outside court
 
till amendments are carried out by Parliament it would be advisable for you to move high court under section 482 CR PC for quashing the case on the basis of compromise arrived at between parties . 

SRISHAILA.DHARANI (Advocate&consultant)     17 May 2013

It can not be compromised in the court.Only in andhra pradesh, this affence is made as compoundable  and in any part of india.

 

Only way is through filing the criminal petition in the high court , for quashing the FIR with an application for staying the lowercourt proceedings.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

lancy (technician)     21 May 2013

 My FIR is chargesheeted in chickmagalore karnataka,but if i file to quash in highcourt does it required to present both parties or alone?as i am going india by november this year on 45days vacation and is it possible to finish the formalitied in that period or it takes again long tim eor i need to attaend the proceedings there also? more over in my chargesheet nothing polic ementioned nor they investigated anything just forwarded the copy of my wifes complaint and adding 3 of her family members as witness. i am not worried about punishment as i never did anything what she mentioned nor i thought of it in my life,only i want peace of mind and to come out of this headache. thak you all again.

if i want to apply for quashing in highcourt what proof i need to provide then as none of the police interogated or enquired about FIR with me nor in the court so on what base i apply in highcourt?


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