Upgrad LLM

fake case filed. please need help. [498, 504 section]


I'll keep this short and to the point; any help is highly appreciated.

How it all started:

  • My brother married a girl in Dec 2009.
  • They went to Delhi, Jodhpur, etc along with the girl's dad -- as he had to claim his property which was illegally acquired by someone, or so he says.
  • 15 days trip ends; they come back home.
  • She does nothing all day long. And mom does everything for HER -- from serving to cleaning stuff.
  • She must be liking this new environment.

Jan 2010:

  • She says she wants to visit her mom's house, and we are okay with it.
  • After 4 days, she makes it clear that she doesn't "like" to stay here. It was a shocker. This happened over the phone.
  • Upon inquiring what to do next, she -- with her parents support -- plans to leave it as it is and we move on with our life.
  • Their family came home, took their belongings and we signed a letter, did video recording of these happenings.
  • They left. No divorce (hoping that the barrier would be sealed) yet. Things move on.

Dec 2010:

  • One year of marriage and my brother is alone, with us. We never talk to them, on phone or through letters. No conversation with any of their relatives.

March 2011:

  • No news. We once planned to take an initiative of filing a case for divorce but we backed out. We never wanted to be the first to take action because it wouldn't be wise decision, we thought.

June 2011:

  • Finally, they took the initiative.
  • Police came home and according to them the FIR Was filed. And police had arrest warrant for my mom, uncle and brother. My dad doesn't stay with us (been 10 years; never was involved in anything).
  • Police guys are money eaters, and they are asking 10-20k for bailing. Plus, the case was of us harassing the girl every month -- where the fact is we never did anything like that. How could we when she wasn't here with us?
  • The case is fake. Still police decides to put my brother in the station, and then in central jail for 2 days.

I am not the victim, but my brother is. You know, this hurts, and with no dad or anyone around who could help us, we are stuck with a bakwaas lawyer.

Update:

My brother is out of jail. Never took any money; zero dowry. Mom and uncle hasn't received their anticipatory bail yet, and the lawyer told us this bail would take 15 days. Is this true? Because the police guys are calling my mom everyday and we are trying our best to avoid them.

My brother has his hearing on 11th of this month, but as my mom and uncle hasn't received the bail yet, what should we do. This is the first time in we are involved into this "court" chakkar, and it is getting frustrating.

Please provide us with your insight; any help is highly appreciated.

 
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Criminal Lawyer

In 498A cases ,always the husband is the main accused and rest others are co-accused .!5 days is a long time and in fresh applications,high court does not take such a long time . As you do have anve arrest stay,so police can arrest any time .

As the main accused is on the bail and it is a big and sufficiant ground for the bail of others .My advise is that you surrender your mother to the court concern along with the bail application . As the main accused is on the bail, so she can get the bail same day .

Even then keep an application ready for the intrim bail and if the prosecution seeks the time for the report from police station,move this application .Your mother will be released on the personal bond till the next fixed date for the bail as she surrender herself before the court and not arrested by the police .

The most important thing is that hier only a criminal expert lawyer and who only does the criminals .Although he will charge little bit higher from the others .


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@Prashant Pundhir -- Thanks for the reply. Really appreciate this.

I'd add that we already have a Criminal Lawyer who said us it would take 15 days, maybe he is delaying our work due to the volume of client he has. Today, we will once again approach this lawyer with the hope that he can settle things.


Also, we are going to move from our house and go somewhere else to avoid the police. These guys are talking over the phone using slang and verbal abusive terms to my mom. They are threatening us, mainly because they see that they could make money from us. Isn't this illegal?

The anticipatory bail, according to the lawyer, will happen on Monday, next week as it has already been a week since he said it would take 15 days. Now we are hiding. Unforunately.

As far as intrim bail goes, we have no idea how to get this. However, thanks for this, I've said this to my mom and we will reiterate this infront of the lawyer today.

I'd appreciate any help in how to tackle the main case... some lawyers are claiming to file a counter case.

 
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Also, I'd like to add that we changed the advocate. Initially, we had an advocate who was kind of a "bail lawyer." We talked for bailing 3 folks: my mom, brother and uncle.

 

As my brother was the main accused one, this bail lawyer was the guy to bail out my brother. However, we then switched to the lawyer we know from the past 15-20 years. Now he is going to bail mom and uncle next week.

 
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Law Consultant

@Sid,

 

I'm surprised that even interim stay on arrest had not yet been granted.

 

My question to you is:


> What are the allegations of your wife? Does she say that she was beaten physically? Or does she only make vague statement of general torture etc.?

> Your brother got bailed out. Apparently it was regular bail and you might have taken it from High Court. But what about your parents? Where have you applied their anticipatory bail?

 

Once you answer these, I can give you some guidance. Also As @prashant rightly mentioned, this is not a big case. Nowadays courts are inclined to give bail in case where the allegations are general in nature and the defendant can show that there was no base of even registering this complaint. Like in your case, if there was cruelity, then what stopped the girl and her family for 1yr to file this complaint?

 

//peace

/Saurabh..V


Total likes : 1 times

 
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@Saurabh,

I think the main reason is the police is corrupt. Hence they are willing to take in as much money as they can by torturing my mom and uncle through phone calls.


Thanks for the reply:

 

> I want to make it clear that I am writing this on behalf of my brother. I am reading loud every response made in this community. Now, allegtations made by wife is about beating her few months ago, which in fact is false. We never had a communication for over a year. And we are a respected family, with no dad on our side, we would never indulge into getting low as this. Also included in the case is vague statement of not treating her well.

 

> We are tensed. Honestly, my mom and bro are doing rounds at every MLA they know, corporatos and commissioner help they could get. My mom is scared as her anticipatory bail hasn't been crafted by the lawyer we hired. He says this will happen next week, monday.

 

And, yes, there is no base of this complaint. It's fake. We have proof -- videos, SMS and letter that were written when she left this house 15 months ago.

 

And concering why she and her family hasn't filed a case was because all this ended smoothly. When she left, took her belongings, my mom and their parents weren't roaring. Everyone was calm. We took this as a "gap" between the hushband and wife hoping to reunite in couple of weeks/months again. Because, my mom understands that things like this happen. However, after few months passed by, the stories that made the round was she was actually having an affair with someone and she married just for the sake of convincing her parent.

Now we were sure that she doesn't belong here. And as the link was already broken, we didn't bother to get reconnected and left this relationship hanging at the end of the string. Recently, 2 weeks ago, the case was filed.

Police came home and talked butter smooth. Took mom, brother to station and then told us about FIR. It was on that day my brother was locked there, and next day he was sent to central jail. I then with my mom went to lawyer, court and got his bail after 2 days.

 

We switched the lawyer (as mentioned earlier) to the one who know of from the past 15-20 years. And this lawyer says anticipatory bail would take some time. In my opinion, and from the information I see here, he is wrong. He is just biding his time and willing to help the others, and not us. What should we do now?


My mom is running here and there looking for help from corporators. In fact, today, one of our areas corporator pitied our situation and called the police who was torturing us. The police was all good on the phone with this guy. Seems like one issue is settled, although that doesn't stop my brother, mom from running around for help. Please advice what's the next step to taken here...


Really appreciate your help.

 
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Law Consultant

@Sid

 

Read my post again!

 

I'm not demanding reply from you but trying to tell you that such delayed case reporting is not trust-worthy. Such complaints are to be treated with caution and are to be seen in the light of solid evidence.

 

As you say you have so many proofs, why not use them? When your brother is out on bail, then there would be no purpose solved  by keeping your mother jailed or even arresting her. She can easily get AB.

 

//peace

/Saurabh..V


Total likes : 1 times

 
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@Saurabh,


Thanks for the prompt reply. Sorry for the lenghty reply, I thought I'd be helpful.

 

Anyway, yes, we have the proof. We have a letter written a simple paper where her mother has attested her signature along with my mom aboug them leaving them the house. One of her friend also signed the paper as a witness. Would this paper be considered as a solid proof?

 

Also, we did let out to the police that we have proof, my brother was still put in the jail as the FIR was filed.

 

The SMS and Video recording we had has been formatted (unfortunately we had no backup and my brother deleted them unknowingly). As far as filing a counter case goes, we are hesistant here. Because, from the way we see this, a lot of support is with the ladies in Indian Government. And some of them adviced to stay away from these stuffs, and the most important thing to do right now is to fix this case, that is, get out of this case peacefully.

 

Is there any advice you'd like to provide? My mom, brother are sitting in this room talking about this case. We have locked the gate to avoid the police.  

 
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Law Consultant

We have a letter written a simple paper where her mother has attested her signature along with my mom aboug them leaving them the house. One of her friend also signed the paper as a witness. Would this paper be considered as a solid proof?

 

YES

 

You should pray to the court to send the case for mediation. Let the girl and her parents speak out what they want. If they want money, then you have no alternative out. If you want settlement then take along good relatives of yours who could convince them in lower budget. Also try to make them understand that such cases are not only ruining your family but also their reputation (if they have any)!!

 

//peace

 

/Saurabh..V

 
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Thanks.


I will talk about this with the rest today. Now what if we want to solve this matter without paying any money?

 

Lets assume that the girl asks for 5 Lakh Rupees, and we decide not to offer her, instead tell her in front of the court that its okay to come back home and we will accept her.

 

She wouldn't stay here, I think. In that case, what if she takes back this case and closes it forever. Is this possible?

 

I am just assuming a plan like this might work for our benefits without having to shell out huge money from our pocket. Also, there is no property on my brother's name. He owns an office which was closed recently. So, for now, his source of income is low/nil. Can she pull a share from the property that belongs to my mom or me?

Sorry for the typo's in my last reply. And thanks for the help...

 
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