Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aman Gogia (Business)     24 May 2012

Action against police for not rejecting 498a fake complaint?

 

The girl I married is not staying with me for 8 months. She left our house 2 weeks after our marriage. We think she was not physically or mentally fit as the marriage was never consummated (no physical relations). The girl's family took her back and told us that they would send the girl back in 1-2 months as the girl is under depression. We never filed a police complaint or any case as we too wanted this to settle this peacefully. The girl took away all the gold and expensive gifts with her. After 4 months when we never heard back from the girl's family, we visited girl’s mamaje (uncle) house and he told us that they are planning to send the girl back to us as she is now feeling good. But again after 2-3 months, when we did not hear back from them, we called the girl's mother and she asked us to give 20 lacs to end this marriage as the girl does not like the boy. We refused to give such a big amount as it was the girl who broke out from this marriage. A week later (before we could plan anything) we got a call from police that they have received a complaint of 'dowry and beating' against all members of my family. In report it was mentioned that boy and family used to beat the wife right from day one. But the girl (during her stay at our house) used to write a personal diary where she mentioned that her husband and all members are very nice and caring. We showed this to the police along with recording of his uncle (mamajee) where he is apologizing to us for this entire incident. This evidence is enough to prove that we never misbehaved or asked for dowry but still police is not rejecting girl's false complaint and is forcing us for a settle this with the girl family (by giving them money) else they will have to file a F.I.R. against us. Now is it under INDIAN law that a F.I.R. will always be filed against boy and family no matter if they are innocent? Can we take any action against police for filing a false F.I.R., if they do? What should we do now? I really do not want this F.I.R. to get filed as I do not want to waste my time in courts and fighting 498a and proving myself right. Please help me as I will not accept this lying down.  



Learning

 16 Replies

Bhuneshwari Devi (Advocate)     24 May 2012

1- You can go for divorce.

2- You can also file an application for  quashing of FIR.

 

Adv Bhuneshwari Devi

www.jaipuriar.com

Never Give Up (Fighter)     24 May 2012

Police will generally file FIR..

 

If you show all your defense in front of police, it would turn fatal later. Let them file FIR. Contest case on the proof you have.

Aman Gogia (Business)     24 May 2012

Hi Bhuneshwari, Thanks for your reply. Can you please provide more details reg. application for quashing of FIR? Btw how can the police file FIR when I am showing all the evidence to them? The complaint filed by girl is illogical as the girl forgot that she used to write diaries (she is under severe depression) so WHY IS THE POLICE NOT REJECTING THE false COMPLAINT? Is India really an independent country?

Prakash S Thakkar (B.S.L LL.B)     24 May 2012

Dear Aman, 

the evidence what u have is enough to prove the innocence of ur family also... file a quashing proceedings at high court. and then file a case u/s 177, 182 nd 211 as mentioned in FIR on all the parties who have given statements as witnesses and the Police Officer as he knew evry thg and then too he has framed u wrongly in this case and then file a divorce on cruelty upon ur wife.... they already know tht u do not want to waste time and if they will pressure u like this thn they will get 20 Lks. so first set ur mind then engage a good lawyer in your town. BEST OF LUCK.  

cm jain sir (ccc)     24 May 2012

@aman,

1) dont show ur weapons to the police otherwise they can modify complaint, fir,chargesheet.

2)keep it safe and use it in trial. dont show it to advocates also becoz ur evidences will only save u in trial.

3)police will now say that u hv done cruelty and she has gone in to depression becoz of u.

so

Never Believe Police and the Lady who has filed complaint.

Aman Gogia (Business)     24 May 2012

But the point is why the police will file FIR if they can see that we are innocent?

FIR will mean that A) I will have to fight a case in court that may take 2,3,4 or 5 years. B) The girl may ask for maintenance from me C) I cannot marry until the case is over and I get a divorce, I know the girl will not marry again as she is not mentally/physically fit, E) My case will motivate other bad girls to take law in their hands as FIR against  me will prove that evidence = nothing to police.

Now,

1) Can I STOP THE POLICE to launch FIR against me?

2) Can I file a case against them before the FIR is launched that they are not cooperating with me and not rejecting the application?

3) Should I contact D.I.G, S.S.P or any other official in this regard?

I really DO NOT WANT FIR against me!

Thanks

Deep Narayan (learning)     24 May 2012

dear amar 1st of all I would like to inform u that if u hadn't completed 1 yr of ur marriage u can cancel the marriage by applying to court on ground that the physical or mental condition of girl(ur wife) had been hidden by u during or before marriage.In such a case ur marriage will be cancelled.

if u have completed ur1 yr of marriage then u have option of divorce bt 1st of get a AB for ur parents and other family member.after the case is settled or quashed the file divorce suit.

bt first get rid of 498a either by settlement or quashing or by fighting the case

Deep Narayan (learning)     24 May 2012

sorry i had written amar instead of aman. and aman also note that police have no right to decide weather a case is false or not.its the right reserved with courts only.police may sometimes think and may not register FIRs bt it is beyond thiers powers. bt make police ur enemy bcoz if police doesnot register her complaint the she may had gone to court for the same. listen aman FIR is nothing to worry,be friendly with police and cooperate with them as charge sheet is prepared by them. also note that consult a good lawyer and get in touch with sonee kapoor of this LCI forum he is best in these cases. best of luck

Deep Narayan (learning)     24 May 2012

Amar u cannot stop anyone to file a case against u or even u can stop anyone form registering a FIR against u. the thing u can do is to prove and protect urslf. no one want to get FIR against himself bt circumstances are not same always, I know that it will take time to fight case bt nothing can be done.u have to fight a case.and as said by cm jain sir do not show ur prove to everyone.

Bhuneshwari Devi (Advocate)     24 May 2012

Aman

The moment you file divorce application on the grounds of cruality & desertion, it will strengthen  your case and weaken the case of your wife. However, practical reality is that nowdays 498 A is used to extract money and to harass the husband. Once FIR is filed, you have to move to the Sessions Court for quashing of the same. However, I would suggest that once you come to know about lodging of FIR against you, as a precaution, seek anticipatory bail to avoid any arrest.

As far as maintenance is concerned you will have to pay unless your wife is working and earning.


Be parctical and go ahead to disolve the marriage. Come to a settlement amount and have peace of mind for rest of your life.

Bhuneshwari Devi, Adv.

Deep Narayan (learning)     25 May 2012

Dear bhubneswari devi I would like u remind you FIRs can quashed only by high courts not by session courts

Bhuneshwari Devi (Advocate)     26 May 2012

Thanks Pradeep. I meant to say High court for quashing the FIR. I meant District court for Anticipatory bail. But thanks for pointing

Regards

Adv Bhuneshwari Devi.

Aman Gogia (Business)     26 May 2012

Thanks for your messages. I understand that the girl can also ask for maintenance during 498A case, so is there a way husband can prove to the court that he does not earn a single penny?

Question 1) In my case, I belong to a business class family and I work with my father in his family business. I can easily prove that I quit some job and now I am sitting idle at my house and doing nothing and that I do no t have any source of income. Then how can that girl seek maintenance from me?

Question 2) Also how much time (minimum) will it take for me to prove that the FIR launched by police (if they do launch it) is wrong and request HC to quash it? I have all the proofs (diaries, audio/video recordings etc.) that can prove that every single point in girl's complaint is false. 

Question 3) Will the court drop the 498A case if the FIR is quashed by HC?

Thanks

Bhuneshwari Devi (Advocate)     26 May 2012

1- For maintaince burden is on the women/wife to prove husband income by documentary evidence.

2- Court should have resonable proof to quash the FIR ,time is one thing no body can say .

3- Yes 498 A will be drop after quashing of FIR.But remember  its tough.

 

Regards

Adv Bhuneshwari Devi


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