Sunil G (.) 05 March 2013

Can police arrest after settlement?

My wife filed a false case of 498A against me and my father. They got the police and arrested my father, without any investigation or counseling, as they have used influence. They pressured him to compromise and pay 30 lakhs as settlement amount. Then police released him after signing MOU on the same day of arrrest, without producing him in court. We also have a document that she made us sign that she arrested him. Pursuant to MOU, we paid 30 lakhs and got receipts from my wife. MOU also said my wife will withdraw the case upon receipt of amount. However she did not withdraw the case so far. She also said she will NOT withdraw. Now same Police officer calls my dad and threatens that she will arrest him again.

Since at the time of settlement, police released him without even producing him in court and we already paid the entire settlement amount , my question: Is it possible that she can arrest my father now? What can we do now to stop the threats/action from police? Given that they have police influence and it is hard to file a police complaint that will be of any use on them for 420 against her - any action that we can take now?

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5 Replies

dv (ghvhb) 06 March 2013

Hi sunil I am a victim myself, only one suggestion, Common sense should have prevailed and you should have used a lawyer. The police just use or rather try to abuse power however the constitution is the one who has granted them the power. YOU as a citizen have equal rights, just that you have to educate yourself. Seek a lawyer, weight pro and cons, seek expert advice and Please even if you can don't use money blindly. What about those who don't have money? Think about it! SIFF contact them, attend meetings.... God bless you and protect you Hare Krishna

Saurabh..V (Law Consultant) 06 March 2013

@Author

You have committed a mistake by paying this amount without a proper legal channel.

If your enstraged wife has filed a FIR against you and your father, then you should have asked her to compromise only on the condition that she would support you to get the FIR quashed from the competent court i.e. High Court.

But even now when you have given her that money, you must have records to show that you arranged that money and paid the same to her. Kindly engage a good lawyer and request to file a writ in the High Court to protect your interest and prevent any further loss or ill treatment at the hands of your greedy wife and the police.

I strongly feel that time is less and you should act fast. If they arrest you or your father, then your payment would go in vain. As there was a signed MOU, then it must bear signatures of your wife and also of some witness. This would play vital role in pleading befire the High Court to quash the FIR.

All the best!

//peace

/Saurabh..V

jitendra yadav (ADVOCATE) 06 March 2013

first tell me whether the FIR is registered or not?

Sunil G (.) 06 March 2013

Yes it was registered and they formally arrested my fateher, Mr. Yadav. Please advise.

Divya (nil) 07 March 2013

Hello Sunil

It shud be easier for u to approach ur state high court & that too early...since u have an MOU, its an evidence to come out of d case....Most of the allegations pertain to dowry torture..So judge wud mostly give a decsn in ur & family's favor...File a Criminal writ petition fast in high court wid all evidences & get matter heard asap.