Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Unknown blogger (ABC)     14 September 2014


My brothers wife filed a dowry case. Police called us and took our statements. Then after few days we were called by police and told to written the streedhan and we did the same but on the same day girls father started arguing with police incharge and was insisting them to arrest us. But police from our behaviour make out that we are inocent and issued letters to both parties to go in family court.

Now two days back police called us again and told that girl father visits us after alternate day and is pressurising us to arrest you along with her daughter (My Brothers wife) saying them harrased my child mentally also she was  months pregnant when she left our house. and when she went to her parents house she got miscarriage. Now the girls father is putting blame of miscarriage on us, saying that because of our tension this has happened. But when miscarriage happened she was staying at her fathers house. She was more free at that place, still miscarriage happened. 

Police are now telling us for AB still after giving letter to sort the matter in family court.

please advise what to do?

Also wanted to know cost for AB as case is filed against my brother and mother


 8 Replies

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

If the police has advised you in good faith to obtain anticipatory bail, then you may try that since that may avoid the arrest. Ask some local advocate in your city for the fee that he may be charging as the fee depends on the advocate concerned.

Unknown blogger (ABC)     15 September 2014

Sir, but we have given full co operation to police. and as per the 9 point check list we have done what police have asked us, so on what basis they may arrest.

taking AB is not an issue but then for what reasons police gave us letter stating that you go in family court.

Moreover how much legal standing Miscarriage have. When miscarriage happened girl was staying at her home then it can be an abortion too,and then termed as miscarriage due to immense pressure.

AS   16 September 2014

1. get AB , and do it on first priority.

2. Regarrding Miscarriage:-

Section 313 of IPC(Indian Penal Code)-------Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 1[ imprisonment for life] or with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

Cognizable—Non-bailable—Triable by Court of Ses­sion—Non-compoundable.


Now forget whats reality , what do matter is what s written in complaint word by word...You can think about it later firstly get AB, See if court frame charges under 313 or not.


Unknown blogger (ABC)     16 September 2014

But i do not understand one thing, that police have the power to reject the FIR, also they think that we are innocent then on what basis they will take the FIR.

Moreover the recent judgement passed by Hon SC, stands no where, prior to that arrest was immediate but after that resolution arrest is made after some times. This means that resolution has no meaning. And we have given full co operation to the police, and police also say that it is a false case then why cant they reject the FIR. If they Bow down to the such allegations.

Ashok, Advocate (Lawyer at Delhi)     16 September 2014

Please appreciate that if the complaint discloses commission of a cognizable offence, then immediate registration of FIR is mandatory, as per the recent decision of a 5-Judge Constitution Bench of the Supreme Court in the case of Lalita Kumari  v.  Govt. of U.P., (2014) 2 SCC 1. Therefore, it may not be possible for police to reject the FIR or to refuse to register it. The police does try for some sort of mediation in the matrimonial cases, but only up to a limited extent. After that, they may have to register the FIR. You have yourself written that the girl’s side is putting pressure on the police to register the FIR and to arrest you, and you have also written that the police has itself advised you in good faith to obtain anticipatory bail. It is in these circumstances that I had advised you to try to obtain anticipatory bail, since you had asked for this advice. Rest is up to you and choice is yours.



Please also note that when the FIR is registered, in the beginning, the complaint is considered to be prima facie true. Subsequently, the result of the investigation decides its fate, i.e., whether to charge sheet the case or to close the investigation. Therefore, if a complaint is given by the other side, the police may file the FIR initially; now, whether the complaint is true or not can only be found after the investigation.

Unknown blogger (ABC)     17 September 2014

Thank you sir for the advise.

we have contacted a lawyer in this regards and are applying for AB.

But i will also like to tell you that first some lady officer was handling this matter and she was so angry with the girls allegation and told us that she will not take the FIR. Moreover that lady officer was transfered there after and some new cop cam in her place. he is now tellling us to take AB.

First officer who was handling the case was not ready to take the FIR where as the other officer is planning for arrest. What can be made out from this. 

Moreover as per recent Judgment of SC over arrest, we are not crossing any point from 9 point checklist then why arrest for what reason

Ashok, Advocate (Lawyer at Delhi)     18 September 2014

In matrimonial cases, sometimes the police tries to see if a compromise can take place through mediation. To achieve that objective, as a pressure tactics, they may sometimes tell the complainant that her complaint does not make out a case. But, later, when no compromise is possible, they are forced to register the FIR.



Secondly, anticipatory bail is for your own benefit to save to you from the humiliation and inconvenience of police custody in a lockup and of the judicial custody in a jail, in case you are arrested at any point of time in future. Taking of anticipatory bail is not compulsory or binding. If you do not want to obtain anticipatory bail, you are free to do so. But, in that case if the police happens to arrest you, you may have to undergo custody if the court refuses to grant you regular bail. You may be right and the police may or may not arrest you ultimately. However, just in case the police happens to arrest you at any point of time in future during the course of investigation, for whatever reason, anticipatory bail will come to your rescue. Therefore, it is your own call that you have to take – whether to obtain anticipatory bail (more so, when the police itself has advised you) OR to take a chance and see whether they arrest you and then apply for regular bail if they arrest you.

Unknown blogger (ABC)     01 November 2014

before a month and half, police called us and ask us to come with our lawyer and advised us to call before comming, we chased them for almost 15 days but the they didnt respond to our phone calls and then after we also gave up.

Till date nothing has happened.

Its being round about 4 months now from the date of written complaint. 

Is there any time frame for police to file FIR.

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