Dear Sir's,
Need Advise for Handling the case of my Friend and his family.
Wife Filed a Case of Section 498-A against the husband, Father and Mother.
Father and Mother approached Hon'ble High court for Uttrakhand Under Article 226 for Quashing the FIR. The Writ Petition was dismissed by Hon'ble High court with a direction to the Learned Magistrate court to hear the bail application without causing any delay.
The Father and Mother of the Husband were granted Bail by the Leraned Magistrate Court.
The High court rejected this Writ, because the father and mother went to the high court with a plea that they have disowned the Son and Daughter in Law and they have no connection with this case. The High court looking at the time of disowning and the time of Filling the FIR, dismissed the Writ.
In the Meanwhile Husband approached the Hon'ble High court of Uttrakhand under Article 226 with proofs that no dowery was demanded. The Husband and wife had a four years of Love affair and after that they got married. This writ went in front of the same the Judge, who dismissed the writ of Father and Mother, but this time looking at the evidence of the Husband, the same Judge passed the above order.
The Hon'ble High court had stayed the arrest of Husband and issued notice to the wife and the Public prosecutor to respond within 30 days of the receipt of the notice and the copy of the writ petition.
The Public prosecutor and the advocate of the Wife appeared before the Hon'ble High court and they requested some more time. The Hon'ble High court was pleased to grant the time with an order that the Stay on arrest of the husband is till further notice.
In the mean while, Husband and wife had a telephonice dicussion and the husband recorded the discussion. The Wife was demanding 18 lacs for the settlement.
Husband in response to the FIR, prepared an affidavit and Filed all the documents available with him along with the CD ( Telephonnic conversation) with the Investagating officer and the SSP of Police.
The Police never came to the husbands place or his parents place but after 90 days of the FIR, the police have filed a charge sheet. We came to know today and we are yet to get the charge sheet from the court and the magistrate court has not yet summoned the Family.
The wife is yet to file her reply before the High court.
During the Surrender and Bail application of Father and Mother, The Wife and her lawyer were present to oppose the bail, But they were not able to convince the Magistarte not to grantt the Bail and the bail was granted.
After the Bail of Parents, The Wife sent a notice through her lawyer to implicate the husband and wife U/S 406 of IPC. The Husband have replied to the notice and have given the proofs that all the articles and is willing to return the Household goods which are lying in the godwoon. Howver, he will not return the passport of his minor son (1 year old) as he suspects that wife will slip out of the country with the son.
The Wife is working and is earning a handome salary and the Incidences mentioned in the FIR are out side the territorial juridisction of the current Magistrate court.
I would like to know, the Following:-
1) At this stage, after the filing of chargesheet, What happens to the order of the HIGH COURT. Is that Still valid or We need to Secure the Regular Bail for the Husband.
2) The Husband has enough evidences to support his discharge. Should the Husband & Parents file Discharge Under 227 of CrPC or 239 CrPC.
3) Will the police make the documents submitted to them the part of the evidence collected during the investigation.
4) What other relief is available with the accused.
Thanks and Regards
