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HK (Job)     28 September 2024

Bail or quashing fir? i am confused

My wife filed an 100 % false FIR (with no evidience, only bayan)under sections 498A, dowry (3 & 4), and 506 after Women’s Cell counseling failed. she claims my father and I demanded dowry, abused her, and threw her out with threats to kill (though my father was in another city that day). WhatsApp chats reveal her real motive was to separate me from my father and demand a flat and why my dad and I called police when wife side family came home.

The IO is calling me and my bedridden father to meet 600 km away and said the 41A notice will be given when we arrive. IO told bayan mai your wife also included your brother’s name, though they live separately. Can more names be added after FIR registered (she gave complaint herself in women cell )? Should I seek a stay or quash the FIR or go for bail for me and dad



Quick Summary
This discussion revolves around a false FIR filed under sections 498A, dowry, and 506, with the user seeking clarity on whether to pursue bail or quash the FIR. The user suspects the FIR is motivated by a desire to separate him from his father and extort property, citing WhatsApp chats and a lack of evidence. The Investigating Officer has summoned the user and his bedridden father to a distant location, and the user is concerned about additional names being added to the FIR. Advice suggests seeking anticipatory bail from the jurisdictional court and informing the IO about the father's health.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     28 September 2024

At this stage only an anticipatory bail appliciton can be moved and not any applicaiton to quash th eFIR or stay of the proceedings will be entertained. 

Dr. J C Vashista (Advocate )     29 September 2024

Seek anticipatory bail from jurisdicational court, inform the IO about health condition of your father and brother living separate since long.

Sudhir Kumar, Advocate (Advocate)     01 October 2024

Nio clear  views can be expressed without seeing FIR


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