Pankaj verma 29 June 2016
Vijay Raj Mahajan (Advocate) 29 June 2016
Firstly there is no arrest made in complaint made under section 498A IPC related matters till notice is served upon under section 41,41A Cr.P.C to the accused person to appear before the Police and reply to the complaint made by the wife, and the usual process that is followed is that both parties are sent to woman cell of police for mediation for settlement of the matrimonial dispute amicably.
Secondly there is no procedure for anticipatory bail in the state of UP.
Thirdly the wife filed complaint in UP will be investigated by UP police only, Delhi police will not come in the picture, to say that the will was staying in Delhi with you can file complaint only with Delhi Police is also wrong as she can always state (that she must have) that, both parties stayed in UP even for small period after marriage and the act of cruelty under section 498A IPC continued in UP even when she came there from matrimonial home in Delhi by the husband and his relatives hence UP police has jurisdiction to take cognigence of the complaint.
Shekhar (Proprietor) 29 June 2016
Nitish Banka (lawyer) 08 June 2018
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
chances of getting anticipatory bail 498a
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
Anticipatory Bail in 498a
Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.
Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.
This is right strategy to abate any arrest circumstances.
Advocate Nitish Banka