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Manik Agarwal   11 July 2018

False 498a and other, mediation failed

Hello Experts, I was married on 18th April but my wife gone with his father on 29th April with all gold. On 7th May his father fired allegations and demanded 50 lacs otherwise face police action. After some days he asks for divorce and demanding 20 lacs. On June 2 she filed a police complaint in SSP office regarding dowry and domestic violence. Mediation is carried out at Mediation Center. But he is continuously asking for money and settled the matter in 10 lacs. On other date at mediation center he asked for 15 lacs and so mediation failed. I want to know that now what is the next step and if the FIR is lodged against me and my family members what is the procedure of bail. Should I have to be imprisoned for the crime that I have never done. I am from uttar pradesh. Is there is any procedure of interim bail.


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 3 Replies

Vijay Raj Mahajan (Advocate)     11 July 2018

No anticipatory bail in the State of UP. However the courts in UP do allow regular bail. The FIR if gets registered, wait for the Charge sheet to be filled by Police in the magistrate court. You can seek bail in the court when produced in the court by police that you will get. The prosecution of the offense doesn't always mean you'll be sentenced too, chances of getting free of these changes are very bright so just don't worry or get misguided by your local lawyers who can for want of making money will tell you all sort of stories.

Manik Agarwal   28 July 2018

Sir,

I want to know that he and his lawyer also giving threat to file the case of domestic violence and beating her with 498A, But I want to know that as she had leaved with his father on 29th April and filed the police complaint on June 2, in between these days his father continouusly given threat of police and legal actions against me and my family. Could domestic violence is also applicable in this matter. What should I do now. My lawyer also says that domestic violence case is applicable in 498A while after a month passed his father allegated and filed a police complaint for beating, torchering and dowry case against me and my family. They continuously threatened us for money other bear the consequences and said otherwise ready to go to jail. But I am unable to understand if she was so torchered like her father says so why she had reported the matter to police after a month. In this situation is this is the possibility of physical cruelty is applicable.

Ziaur Rahman ( Practice)     11 August 2018

I liked your straight forward to the point reply. Good blunt reply. Thanks. I saw your profile today and liked your replies which are based on practical situation in our country in the corridores of courts.


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