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Determined to get justice (Manager)     07 August 2012

Caw talks not working, move to file fir

My sister in law has filed false dowry, DV case against my brother (her husband), my parents, myself (elder unmarried sister), my married elder sister and her husband - even though she stayed with us for only 7-8 months after marriage and after that had been staying in separate house with my brother  for last one year. My sister and her husband stay separately and my brother in law visits our house on few occasions. - still she filed complaint against them also. CAW cell proceedings have not worked out and IO has indicated moving to next level which means my sis - in - law will press charges/file FIR. Is there any recourse by which we can at least get police to exclude name of my elder married sister and her husband since they are staying separate and very little interaction with my sis-in-law?



 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 August 2012

In that case I hope you've got the notice bail already. Which would provide you room & breathing space in case FIR gets registered. In case the matter is in Delhi as it is the approval of DCP is required in order to register the FIR and to make any arrests apart from that of husband. It would be good idea putting your side of the story in written to the IO by registered post, which would help him reach the correct conclusion. Your sister/brother in law is sure to get discharged by the police or the magistrate if no role has been attributed to them. 

Determined to get justice (Manager)     07 August 2012

What is procedure or documents needed to get notice bail? Is it same as anticipatory bail?

Guest (Guest)     07 August 2012

Notice bail precedes anticipatory bail where the applicant is granted a few days time to seek anticipatory bail if the FIR is registered against him. If you and your elder sister have never lived with the complainant you can move HC for quashing of the FIR as and when it is registered. The HC will quash the FIR qua you if it is satisfied that you have been arrayed as an accused by your sister-in-law with an oblique motive of harassing you.


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