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Unknown blogger (ABC)     03 November 2014

Dowry

4 months back my brothers wife filled a dowry case against us. She was 2 months pregnant at that time. She was working with a company, she went to office one fine day and didnt returned back. We called her, messaged her but she didnt replied and sent an sms that you all are harasing me for dowry and I am going to make complaint against you. Moreover she didnt return to our house and stayed with her parents. then after 15 days we got a phone call from police station which is girls area. At that time police told us that she has gone through miscarriage and she told that miscarriage happened because of our tension. Then police took our statements and told us to leave, after 7 days they again called us and told that girls side wants all the ornaments, we gave all the ornaments in police station to girl side. But on that same day girls father was doing pointless argument with the I/O to arrest us but she was telling him that she cant arrest us on just mere allegation but then also he was still forcing them for our arrest, and started teaching them law. Then I/O issued us letters stating that you go in family court and settle the matter. Then before one and half months back we got call from the police station and they advised us to come for further talks in this matter. They told us to take AB and further told us to bring our lawyer for further discussion as according to police investigation we were innocent as told by them. Then for 15 days we followed them for a meeting with our lawyer but they didnt respond to our calls. Now its been more than a month now that we had no discussion with the Police on this matter, now my questions are

1. What is the time frame for police to Register FIR, or they can file FIR at there own ease and choice.

2. What is the standing of the letter given by Police station advising to settle the matter in consumer court.

3. Girl is claiming that miscarriage is happened due to inttens pressure from our side, but miscarriage happened at her parents home. She aborted the child and then they called it miscarriage as to make their case strong. Also there were no communications from our side as the girl was sending threatening emails, sms and posts on social networking sites.



Learning

 9 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 November 2014

Please take certified copy of investigation report, Her written complain.

 

"miscarriage is happened due to inttens pressure" - prima facis is not chargeable at all in 498A so enjoy.

 

Take Certified copy of complain so that they can't alter it.

 

I think the police have registered a NC. I may not right here, just guessing.

 

You also register a NC against her. You also can apply for AB U/S 438 CrPC in session court and also can file a petition U/S 144 CrPC (Power to issue order in urgent cases of nuisance or apprehended danger) in session court to be in safe side. You can do it in-person (Without Advocate) also.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

AS   03 November 2014

1. What is the time frame for police to Register FIR, or they can file FIR at there own ease and choice.

 

for police , there is no such time frame. All i know is Once matter will be forwarded to CAW cell. And You need to give your statements in CAW cell , Only after that Police will register FIR in 498A.

 

 

 

2. What is the standing of the letter given by Police station advising to settle the matter in consumer court.

Well not sure on this. 

I guess this will not help you or her , Police is just trying to settel matter rather then going with FIR. But when matter will not resolve police will do FIR/.

 

 

 

3. Girl is claiming that miscarriage is happened due to inttens pressure from our side, but miscarriage happened at her parents home. She aborted the child and then they called it miscarriage as to make their case strong. Also there were no communications from our side as the girl was sending threatening emails, sms and posts on social networking sites.

Keep those things with you , take print out those things and keep the orignals emails SMS And social sites accounts safe.

You should deny all the allegations in emails , SMS ..Any communication you do with them deny the allegations or Do not reply at all on anything. Talk to good lawyer for this.

 

I will say that you get the details / documents regarding the miss carriage. 

 

 

Don't worry stay calm and composed.It will help you.

I am not sure the statement given by Rocky Smith  is vaild of not , Police might put CRPC 313 along with 498A for miss-carriage .

 

Unknown blogger (ABC)     03 November 2014

what is CAW cell, and when arrest will happen?

we have given all cooperation to police, can they still arrest us?

The lady officer also called the girls side liar in front of us and then they issue that letter to both the parties.

AS   03 November 2014

CAWCell , Thats what the sequence is :-

Girl will file a written complain to Police Station / DSP/ Etc etc ...(mentioning all  names of family members)

They will refer case to CAW cell.

CAW cell will send you notice or by phone call - call you for investigation.

Caw cell will try to recounsile ...which will fail 99% , then they will ask everyone to give statement from boy side .

CAW cell will prepare report and send it to DSP or police offcials ...

Now Police officials will again refer it to local police station of Girl Area ..they will Do FIR and they will try to catch Assused , Depend on How much bribe is given to them and how much pressure is put up by Girl side ...they will try to arrest accused.

Hope i make sense to you......

ganesh belwalkar whats you location , Delhi or somewhere else...and whats are of girl that is most important...

Unknown blogger (ABC)     04 November 2014

We are staying in Mumbai. Even the girl is also from Mumbai. What type of pressure girls side can put as if the girl is safe.

AS   04 November 2014

They will pressure to arrest you and other accused persons. 

because the version given by girl side is that she is innocent and her life is reunied by you and your family.I know this is not correct but this is what girl side family will try to portray and will pressure the police to arrest you.

Try to get Anticipatory bail firstly for your family and then for yourself .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2014

Dear Sir,

 

This would depend mostly on which state the case is in.  As the case is in Mumbai, where there are no CAW cells. The answers would be:

 

1. There is no fixed time frame for registration of FIR.

2. Such letter has no validity.

3. Even if the case u/s 313 IPC is registered, it would not stand in court.

 

You should apply for AB asap, as sometimes police officers can be forced by circumstances to arrest you without prior information.

 

Regards,

Unknown blogger (ABC)     04 November 2014

If that letter has no standing then there was no need to issue such letter.

And police also know that this case is a falls case, cant they refuse to file FIR, moreover according to that 9 point checklist of arrest, we have not done anything wrong, we have given full cooperation to police, then on what grounds police can make arrest. 

Unknown blogger (ABC)     30 December 2014

till date local police officer have not done anything, yesterday we got call from crime branch regarding this matter and they told that girl has given the application in this regards and we were called in crime branch for further counselling.

What we need to do now. Can girl make application in crime branch


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