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victim 498A (NA)     02 October 2013

Bail and quashing of false 498a fir

Dear All, 

 

I am a victim of  a false case being filed by my wife in faridabad under section 498A, 323 & 406 ( The FIR was registered 3 months after our notice for divorce and 1 month after filing divorce case. All police complaints from our end was made as early as Dec 2012) 

 

My mother got bail from the sessions court in Haryana however mine and my father's bail was rejected by the judge as it seems as an approachable order. The judge first granted bail to my father and then kept postponing the confirmation even when he joined the investigation ad surrendered his passport. Finally he passed a joint judgement against me and my father rejecting the bail applications. We have applied for my father's  bail from high court in chandigarh and the judge ordered mediation but my ex demanded 3 crores as settlement amount without giving me the child custody to which i bluntly refused. In the last meeting at mediation they climbed down to 1 crore again without child custody so the mediation failed. The HC judge gave interim relief to my father however he rejected my bail on grounds of serious allegations. Judge ordered my father to join investigation which he has already done as early as May 2013 and surrendered his passport as well. This is mentioned in the police report submitted to the HC ( The judge did not look at it it seems so) 

 

 

I would additionally like to add that my wife and in laws have no proofs or medical reports or even a witness to prove anything that they claim. On the contrary the girl has stolen jewellery worth Rs 25 Lakhs belonging to my mother we have filed a theft case against her and its underway 

 

We have registered police complaints in December 2012 against my wife for cruelty as well as misbehaving with my parents. She never stayed with my parents and was always staying with me as i was employed abroad. We also have send them legal notices in Jan 2013 and filed cases of theft, divorce and adultery against them. They filed a false complaint in the police station under section 498 A and 323 they have no proofs of any money being demanded any physical injury or an independent witness to testify their claims. On the contrary we have paid them huge sums of money and have send them a legal notice   and now filed a civil suit for its recovery as well.

 

They lost the section 24 case they filed in my home town for maintenance they sought 2 Lacs per month but received nothing as I am unemployed thanks to them as my passport is impounded with the police for last 5-6 months 

 

I am planning to approach SC for my bail petition could you learned counsels advice me on further course of action. As my wife goes to every court proceeding with a bottle of glycerine claiming i tortured her along with my family etc etc. She is giving performances at every court date and my bail is getting rejected Please help 



Learning

 5 Replies

Tajobsindia (Senior Partner )     02 October 2013

1. Apply for Bail in Hon’ble SC by hiring serviced of seasoned AoR. Also via AoR push (i.e. pray) to send parties to SC Mediation as chances of half way settlement of all issues of parties sounds bright when attentively whole brief is read.
2. Sari, sindoor and glycerin are not paid attention to in Hon'ble SC compared to ‘just’ merits if you have even one?
 

[Last reply] 

Kiran Kumar (Lawyer)     02 October 2013

Well definitely you must approach SC for bail.

 

From the bare perusal of facts stated by you, it seems that both the parties are financially sound and girl is infusing enough money to exploit the situation.

 

In my opinion the best solution will be to settle the matter amicably but it seems her main target at the moment is to put you people behind the bars.

 

While submitting bail application before the Hon'ble SC keep the option for compromise open.  You can counter her tears with your patience and cool mind.

 

Avail services of some good lawyer in SC and try to ensure that your conduct is not too offensive against her and her family, though you must put solid defence to her every allegation.

 

Good Luck

dv (ghvhb)     02 October 2013

How could you passport get impounded as only the passport authorities have right to do that via proper procedure by informing you and you have to give reason why it should not be impounded. Look I am nit alaywer but if I have read the forum correct ..to my knowledge there are citations where if you have been earning your bread and butter abraod you should be allowed to travel for wirk as per constitution

victim 498A (NA)     03 October 2013

Thanks all for all your replies, 

The additional sessions court who passed an approachable order indicated that mine and my family members passports be impounded 

As a matter of fact my parents passports is also impounded. On other issues, we filed a complaint of cruelty and abusive behaviour in my home town and provided a copy of the same to the DIG her home town. In spite of this the FIR was registered. I have documentary evidence that the facts mentioned in the FIR are false as my ex and in laws have provided contradictory information in the addl sessions court judgement. I would like to know should I first apply for bail and then apply for quashing of FIR as we filed the police complaints 1st then the divorce notice then Divorce case, adultery case & Theft case followed by a civil recovery suit. 

 

They dont have any proofs or even a single independent witness, I stayed with their family for 20 odd days and they never filed the complaints

In fact they filed the complaint 3 months after leaving my home and my parents. We also have letter signed by her father with witnesses that they are taking her back with their own consent 

 

Please advise 

victim 498A (NA)     03 October 2013

Thanks for your quick response could you please indicate what does AOR stand for 


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