Dana Kayoni (Expert Humanitarian and Lawyer) 15 June 2016
| Originally posted by : Rocky Smith | ||
 |
ALL GENDER BIASED FEMINISHED LAWS ARE UNCONSTITUTIONAL Please see my blog on this below : - https://www.lawyersclubindia.com/forum/details.asp?mod_id=133540&offset=1#.VsxeQ9IrLIU |
 |
Modi is available on twitter, did you talk to him or any of his chelas?
Dana Kayoni (Expert Humanitarian and Lawyer) 15 June 2016
| Originally posted by : Mukesh Singh | ||
|
Hello Sir, My case is as follows I am 29 years old resident of Mumbai got married in 2012 at my village in Bihar. It was pure arrange marriage. After marriage,I came to know that I have been cheated intentionally as my wife had undergone major heart surgery in her childhood which was not disclosed to us before marriage deliberately. I got her examined by Dr and Dr said me that it's a clear cheating case and they should have taken Dr opinion before fixing her marriage. Dr said she had to undergo many surgeries in future as she had developed leakage in her heart which can render her many problems including pregnancy complication and healthy marriage life. I spoke to her parents on this, that why did they cheated me for which they don't had any answer and kept mum. I deserted her one month post our marriage and till date she is at her parents place. Now I have filed divorce petition in family court for which legal notice had been issued to my wife . They have missed couple of court summons deliberately and now in order to harass me any my family they have have filed Domestic Violence and sec 498a on me any my family after 4 years of marriage. They are very well aware that these all charges are fake and cannot be proved but still they did. If at all they are genuine, they would have honoured court summons and would have put across their litigation. Please suggest what do I do now? My next hearing is on 13th July and court had said that if this time my wife does not appear then court would pass exparte decree. What if I get exparte divorce on 13th, then what should I do for the DV and 498a case charged on me? How should I take this ahead? Can they challenge exparte divorce? Will exparte decree passed by court can be consider divorced? What about maintenance of which my wife is looking for? I dont want to entertain their maintenance part as they bl**dy goons and had made this as business? I want to teach them lesson for ruining my life. Please suggest. |
|
What lesson you want to teach? ABCD LMNOP?
You idiot could not do background check of girl, married, and now want to get rid of girl? They lied/hid truth, but how honest are you? She is your wife now, you did not take 7 pheras? Why du took 7 pheras to file divorce is it?
Exparte divorce iss janam mein toh tereko nahi milega bacche. Agar mil bhi gaya toh tehy will go for appeal, drag divorce case for another decade, forget teaching them lesson you will learn one dozen lesson from them.
I suggest you to take mutual divorce, pay them lumpsum money and get rid of the girl, varna 2-3 decades gaye, who knows u might edn up in jail also, for taking dowry or hitting her, or may just lose precious years in court. Best MCD. Rest your wish.
AMAN KONARK MODI 17 June 2016
ES ANY TIME ON ANY BODY AT ANY STAGE OF LIFE AFTER OR BEFORE DIVORCE ETC. AT MANY TIMES BY ANYONE WITH 498a and 3 & $ of Dowry Act. YOU HAVE TO PROVE THAT IT IS WRONG NEITHER POLICE NEEDS TO PROVE NOR COMPLAINER.
GET HONEST LAWYER.
YOU HAVE TO EXPENSE ON YOUR SIDE.
STATE EXPENSE ON HER SIDE.
SHE HAS NOTHING TO LOSE TILL YOU GOT YOURSELF PROVEN INNOCENT.
BETTER ADVICE TAKE PHOTOGRAPH. KEEP RECORDING OF YOURSELF. KEEP VOICE RECORDING OF HER / HER RELATIVE ON MOBILE PHONE.
KEEP ALL BILL OF YOUR EXPENDITURE AND ON HER TO PROVE THAT YOU ARE THEIR ON THIS PLACE OR THIS DATE WITH ANY ONE.
BE SOCIAL ALWAYS.
START KEEPING DIARY WRITTEN DAILY OF DAILY ACT/DO/DEEDS WITH YOU ON COPY OF COMPUTER ETC.
ALWAYS KEEP CHECK, ALERT AND READY WITH ALL EVIDENCE AT EACH TIME.
ALWAYS KEEP PREPARE YOURSELF TO FILE ANTICIPATORY BAIL.
TRY TO STUDY THE MATERIALS REALTED TO 498A ON VARIOUS WEBSITE.
KEEP UPDATE ON JUDGEMENTS OF SUPREME COURT REALTED TO 498A AND ITS MISUE.
Q. My wife filed a false 498a case against me. Should I only defend myself or should I become offensive?
A. It is said that offense is the best defense. File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a
framed one.
To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom. Below is a list of counter cases.
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (withdrawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts): If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.
ARNAB MUKHERJEE (SERVICE) 10 September 2016
@ Rocky Smith if I would find this site as weel as your post 2 years before I will get lot more things. Thank you very very very ......................very much for your information. I want to talk with you directly how can i do that? I am from hooghly district of west bengal
Ajay 01 October 2017
Ajay 01 October 2017
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 January 2018
Nitish Banka (lawyer) 16 March 2018
Police plays a vital role in collection of evidence and facts which is heart and soul for a criminal case. The main role of police in criminal case is Search, Seizure and interrogation. It is widely believed that the role of police starts after the registration of FIR which is under 154 of Cr PC or when magistrate directs the registration of FIR and investigation under 156(3). but will happen if your 156(3) is also dismissed and no FIR is registered in your case. The answer is complaint under 200CrPC.
The provisions of 200 CrPC are of different nature and is made for people who can prove their own case without the intervention of police that means there is no requirement of search and siezure in the case and complainant has material to prove a criminal case. Generally offences like cheating, forgery, criminal breach of trust are good cases to come within the ambit of S. 200 Crpc.
The role of police in 200 CrPC is defined under 202 CrPC
If an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer- in- charge of a police station except the power to arrest without warrant.
The role of police is limited when it comes to inquiry under 202 Crpc and magistrate has to record reasons before initiating such inquire and specifying the scope of inquiry.
In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780 “Further, the inquiry under Section 202 is of a limited nature. Firstly, to find out whether there is a prima facie case for issuing process against the person accused of the offence in the complaint and secondly, to prevent the issue of process in the complaint which is either false or vexatious or intended only to harass such a person. At that stage, the evidence is not to be meticulously appreciated, as the limited purpose is to find out “whether or not there is sufficient ground for proceeding against the accused”. The standard to be adopted by the Magistrate in scrutinising the evidence is also not the same as the one which is to be kept in view at the stage of framing charges. At the stage of inquiry under Section 202CrPC the accused has no right to intervene and it is the duty of the Magistrate while making an inquiry to elicit all facts not merely with a view to protect the interests of an absent accused person, but also with a view to bring to book a person or persons against whom grave allegations are made.”
In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780, to the effect that the standard to be adopted by the judicial Magistrate in scrutinizing the evidence is not the same as at the stage of framing charges. At the stage of Section 204 Cr.P.C., if there is prima facie evidence in support of the allegations in the complaint, that would be sufficient ground for issuing process to the accused. Standard of the said evidence so collected to sufficient grounds for proceeding further is lower than the one to be adopted at the stage of framing charges. It is always open to the Magistrate to weigh the probability and prima facie truthfulness of the evidence produced at the preliminary stage and to form an opinion that no ground exists for proceeding against the accused by passing a speaking order. Wide discretionary power has been conferred u/s 202(1) Cr.P.C. to postpone the issue of process and to either hold an inquiry himself or to direct an investigation to be made by the police officer as he thinks fit, for Cr.Misc. 54913 M of 2007 – 20-
the purpose of deciding whether or not there is sufficient ground for proceeding. When a statute gives wide discretionary power to an authority or Court to adopt any one of the procedures prescribed under law, it becomes mandatory for the said authority for recording reasons for exercising the power even if the statute does not expressly enjoin upon the said authority to do so. It goes without saying that the reasonableness of the exercise of discretion can be decided keeping in view the object, which the statute seeks to achieve while granting discretion.
In Ranjit Puri and others vs Uggar Sain1974 Crl.L.J. 1229, an order passed by the Magistrate, not recording reasons for postponing the issue of process and directing the police investigation was set aside by the our High Court. The order directing the police to investigate the matter, after preliminary investigation and the order of issuing process without proper application of judicial mind, was held to be bad.
The police does not have unfettered powers of investigation in 202 unlike 156(3) but still police can get involved in cases pertaining to 200 crpc but for a limited purpose.
By Adv. Nitish Banka
Practicing Advocate in Supreme Court of India
nitish@lexspeak.in
Nitish Banka (lawyer) 23 March 2018
Harsh Vardhan Arora v. Smt Kavita Arora, 2002 MLR 528= 2002(2) RCR (Cr) 499 (Pb & Har.)
The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint.
In the present case the facts detailed in the complaint have been noticed above. Omnibus allegations had been made against all the accused in respect of demand of dowry, harassment, torture and beating given to her during the period she stayed in the matrimonial home. No specific date, month or year had been specified when these incidents had taken place. It cannot be ignored that every member of the family of the complainant’s husband has been implicated in this case. The allegations made are vague and general and for that reason no offence under Section 498-A, IPC is made out against the accused.
Mukesh Rani V. State of Haryana, 2002 MLR 175=2002 (2) Cr.CC 123= 2002 (1) RCR (Cr) 163= 2002 (1) CC Cases (HC) 48 (Pb. & Har.)
In the instant case respondent No.2 is the husband of respondent No.3 and respondent No.3 is the sister of husband of the complainant. In the FIR, it has not been specifically mentioned what dowry articles were entrusted to respondents 2 and 3 at the time of the marriage. If no article has been entrusted to respondents 2 and 3, then no case under section 406 is made out. It is also not the case of the complainant that respondents2 and 3 are residing with the husband of the complainant. The respondents have placed on record the documents showing that they are employed as teachers and are living separately in village Bamble from the complainant and her husband Satyadev. Even on the date when the alleged occurrence took place respondents were present in their school i.e. on 07.01.1994.
If on the face of the compliant it shows that complaint is false, charge should not be framed. In the instant case, there is evidence that respondent No.3 who is the sister of the husband of the complainant was living separate with her husband-respondent No.2 in a different village and were employed as teacher, the learned trial court has rightly discharged respondents 2 and 3.
For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned courts below. Hence this petition is dismissed.
Read More about 498a quashing-:
Quash 498a -Vague allegations in Fir
Anu Gill V. State and Anr., 2001 MLR 467 = 2001 (59) DRJ 417 (Delhi)
To constitute the offence under section 406, IPC there must be clear and specific allegation that the accused was entrusted with some property or domain over it, by the complainant, that the accused has dishonestly misappropriated or converted the same to his own use or that accused refused to return back the articles when the same were demanded by the complainant. Perusal of the allegations appearing against the petitioner do not show that articles of Istridhan were even entrusted to her. In misappropriation or conversion to her use does not arise. Thus the most vital ingredient to constitute the offence under section 406, IPC is missing. In view of the above, no case under section 406, IPC is spelt out against the petitioner.
After her marriage complainant- respondent No.2 started living with her husband who never posted in Delhi. Admittedly petitioner was employed in Ministry of Finance at the time of marriage of the complainant. The petitioner was married in 1997 and since then she is living in her own matrimonial home. Allegations made by the complainant that her husband used to misbehave with her, at the behest of the petitioner are totally vague, inherently improbable and unworthy of credence. From these allegations even a strong suspicion cannot be interfered. Even the statements recorded during investigation do not furnish the requisite material so as to make out the prima facie case under section 498-A, IPC against the petitioner.
Raj Pal Singh & Ors. V. State of Haryana, 2000 MLR 594= 2000(3) Rec. C.R. 135 (Pb. & Har.)
So far as cruelty by the complainant is concerned, the complaint is once again vague and general. The complainant has stated that from the beginning, all the accused especially accused No.1 (her husband) treated her cruelly. There is no allegation against any of the petitioners. The further allegation that few days after the marriage the accused persons started torturing her is also vague and without details. Similarly the allegation that the other accused instigated her husband is also vague and general without being specific. Though the complainant has stated that five months after the birth of male child, she was turned out of the matrimonial home, she has not specified as to who has done so. Her allegation that in July, 1997, her husband at the instance of the other accused severely beat her and turned her out of the matrimonial home is again the allegations regarding the entrustment of the dowry articles and the allegations regarding misappropriation are also not in this petition is that the petitioners are living separately while the complainant and her husband lived separately in separate house and, therefore, there was no occasion for these petitioners to either demand dowry or misappropriate it or to treat the complainant cruelly as alleged by her. But the complainant has not chosen to appear and deny the allegation that herself and separately in a separate house. This is also an additional factor which has to be taken into consideration. Therefore, I am of the view that the reading of the F.I.R. does not disclose any ground for proceeding against the petitioners for any of the offences alleged in the F.I.R. Therefore, the F.I.R. has to be quashed on this ground only.
Neera Singh v. The state (Govt. of NCT of Delhi) & Ors., 2007 MLR 335= 2007 (2) LRC 75= 2007 (1) DMC 345=2007 (138) DLT 152=2007 (2) JCC 906 Delhi
Considering the allegations made by the complainant in her statement to the police and in the FIR, the learned ASJ observed that the ingredients under section 498-A of the IPC were not made out against the minor girls Kamlesh and Mamta. The remarks as alleged were made by the two girls. There were no allegations of either physical or mental torture by these two girls and, therefore, he considered the no case was made out against the two minor girls under section 498-A of the IPC.
The cruelty perpetuated on a women may be physical or mental. However, not doing household work by minor girls either or their own or at the instance of their mother, as alleged, cannot be stated to be cruelty to the women or the utterances as assigned to these two minor girls that she had not brought any gold item for them would amount to harassment being made by minor girls for the purpose of coercing her or her relatives to meet the unlawful demands.
Now-a-days it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under section 498-A and 406 of the IPC by making one or the other allegations. Hence, it has become very necessary for the courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at least prima facie. The learned ASJ scrutinized the entire FIR and the statement of the complaiant and thereafter observed that no case was made out against these two minor girls. I have also gone through the record and find that except above allegations made by the complainant, no other role was assigned to these two minor girls (respondents).
498a Quashing-How to Quash?August 24, 2016With 1 comment
Some common Questions related about 498a?January 21, 2018Similar post
How to Fight False Dowry case in IndiaMarch 16, 2018In "Criminal Law"
Nitish Banka (lawyer) 11 April 2018
In India the matrimonial laws are misused more often than to be used by those women who have genuine concerns.
The number one reason why wife opts for false dowry cases against her in laws is Money. If wife is selfish and instigated by her family the wife choose to live a life sucking savings of husband by harassing husband family and under pressure a husband bow down to the pressure and pay maintenance or settle with wife with an exorbitant package.
The second reason is bad mental health if wife has bad mental health or mentally unfit then also she can opt in for false dowry cases against husband making the life of husband miserable and unbearable.
Family issues If wife wishes to reside separately from husband and by filing such cases the wife wants to put pressure on husband to move out from husband family.
These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.
First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held
In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5) “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”
Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009
In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.
Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash
Interim Maintenance Reduced Judgments
Here are some judgments in which the Interim Maintenance was reduced-:
Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989
11. Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents. It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.
12. The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.
11.In the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on perusing the impugned order of the learned Judge, this court is of the considered opinion that the maintenance amount of Rs.3,000/- granted by the trial Court without ascertaining the income of the petitioner is not justified. Further, the learned Judge awarded Rs.15,000/- as litigation expenditure, which is also on the higher side. As per counter statement filed by the revision petitioner it has evident that he is earning Rs.6000/- per month. Therefore, this court grants a sum of Rs.2000/- as monthly maintenance to the respondent/wife payable by the revision petitioner from date of interimmaintenanceapplication i.e., 02.06.2010 till date. Further, this court reduces the litigation expenditure payable to the respondent/wife from Rs.15,000/- to Rs.7,000/-. The said amount shall be paid by the revision petitioner within a period of one month from date of receipt of this order, as this is found to be fair and justifiable. This court further directs the learned Subordinate Judge, Karur to dispose of the H.M.O.P.Nos.129 and 139 of 2009 within a period of three months from the date of receipt of this order, without being influenced by the discussions of this court.
The evidence in the case shows that the husband has got only a monthly income of Rs. 623/-. The Court has awarded Rs. 300/-as interim maintenance to the wife and child. I feel, in the circumstances, the husband should not be compelled to pay an amount of Rs. 300/- as interim maintenance. I reduce the same to Rs. 250/- — Rs. 150/- to the wife and Rs. 100/- to the child.
The facts of the case is an relevant aspect along with evidence to fight false dowry cases.
Adv. Nitish Banka
Practicing Advocate at Supreme court
Nitish@lexspeak.in
Nitish Banka (lawyer) 22 April 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.
By.
Advocate Nitish Banka
9891549997
Nitish Banka (lawyer) 24 April 2018
Nitish Banka (lawyer) 24 April 2018
You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.
The Io asks you to visit police station so called CAW cell.
When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.
Then again you receive the call from the CAW cell to come and join then again then again….
These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…
The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.
As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.
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.
(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…
DAM 18 August 2018
Dear Sir,
FIR has been lodged against my family (Son, Myself and wife and my daughter). My son is NRI. We have applied AB for three of us (Myself, my wife and daugher) and we got the AB.
Now I like to quash the FIR which will be partial quashing of FIR. Does it allow to apply for partial quashing? What are the percentage of success ratio? What will be the aproximate duration to get success quashing FIR and how much will it cost me aproximately?
We have enough evidence to prove that girl has file false allegation against all of us to harass us and to extort the money.
Appreciate your reply to all my queries please.
Thank you very much in advance.
pilot Reddy 03 February 2022
Member Strength 9,46,590 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
