Velocity 15 November 2015

498a, 354 & 354a

Hi All, my case is in initial stage. My wife was living with me in Europe, she fought with me and went back to India to her parents' place. FIL asking for huge amount of money to settle this outside the court. My FIL has put pressure on my family by threatening them to kill them and abusing them. My wife has sent lots of abusive and threatening messages to my sister and my sister attempted suicide. IPC 506 & 509 case was made on my wife, FIL they got station bail. Police has called my parents to the police station by telling them that a 498a case has been filed on them and asked them to go for a settlement. And gave us a time of 1 week to think about it. And after 1 week my parents went to the police station and declined to settle. SI tried to threaten about the gravity of 498a and gave them again time of 1 week to think about settlement. SI called my parents today and asked them about the decision. My dad declined to settle. Police have never given us a 41 notice to us yet and they are saying that FIR is not yet registered. Today we have got to know that FIR was already registered on 10/09 with sections 498a, 420, 354, 354a, 3 4 6 Dp act and police were hiding it from us. They are trying to arrest my brother in law as 354 354a are registered on him as per the info we received from constable who secretly passed on the info to us. How can I proceed from here to tackle this situation, applying for AB for all the 4 of my family members on Monday can be a good idea? Please advise how I can obtain AB for my family members. Citing the fact that this is a counter blast case and also she was with me in Europe went back to her parents' place, harassed my sister and brother in law (with proofs of text messages) and filing a false case on them to defend her crime. Thanks a lot in advance for your helpful suggestions.

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12 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 15 November 2015

The anticipatory bail should not be an issue considering the present case is basicLly a counter blast of a matrimonial dispute. Parents should ideally be granted AB as a matter of routine considering their age as well as the Nature of the complaint. As far as wing arrested is concerned, the same cannot happen if anticipatory is granted .after the recent amendment, police has to show a huge justification before arresting some one in such offences . Don't worry . But be cautious and alert . Augustine Chatterjee Delhi High Court 9999931153

Sudhir Kumar, Advocate (Advocate) 15 November 2015

engage a coulsel in India.

SAINATH DEVALLA (LEGAL CONSULTANT) 15 November 2015

Ulness prima facie is established in the chargesheet filed AB is not necessary.

Velocity 15 November 2015

Thanks for the suggestions. My concern is primarily because of non bailable IPC sections 354 and 354a on my brother in law. But I hope the proofs of her text messages, counter blast case and she filing it 5 months after their continous demand for money after returning from Europe will act in our advantage to secure the AB. Please suggest if I can use any other reasons to secure AB.

SAINATH DEVALLA (LEGAL CONSULTANT) 16 November 2015

Those advantages have to be proved in the court on merits only.

Vidya (ss) 18 November 2015

Hello friend, your story and incidents are almost 99% similar. Only difference he lived in UK and you are in Europe. 1st thing as long as curropted son of b*tches there in police department filing a case is not big thing, that is Indian law. If you really dont want to take a chance without wasting a single day ask your parents to go some where ,place should not be predicted by u r wife or their family. Find a genious lawer take AB. As you thinking nothing can stop if lawer is genious to get AB. then next step you change your adfress ,mobile number, even possible job too,never even think to come India. As soon as they file chargesheet ask your parents to file quash petition In high court. It is not easy and they won't get it as A1(u abscanding).but they can pray for stay. Next you apply for AB if not got just go to high court and Sure you get same day bail consider directions. Then u can fight to prove you are innocent and your family members too. Best advice is feel that you had a prostitue for a period and through if she is ready for reasonable money. My friend going through 1st way. Here we all feeling bad, he is loosing his valuable age, time.

Vidya (ss) 18 November 2015

If you are from andhrapradesh we can help you by giving our lawer through. Vidya.k.ag@gmail.com

Sudhir Kumar, Advocate (Advocate) 19 November 2015

You can agree with above views of advising your parents to hide.

You can try this provided :-

(i) they know the tricks of hiding

(ii) they are smarter than dacoits and terrorist so that police tricks of finding accused fails.

(iii) all your relatives are steel nerved and streel body who can withstand the harasssement of police for not revealing the place of hiding.

(iv) your house is rented and you can affrord it to be sealed.

SAINATH DEVALLA (LEGAL CONSULTANT) 19 November 2015

Vidya the use of the word "Bitches" is objectionable in the forum

Velocity 19 November 2015

Hi All, thanks for your support and suggestions. Can someone please tell me how I can use the WhatsApp conversation between me and my wife in the high court? Because these messges can prove that her allegations are false. In which format and through which procedure that I can produce these messages to file for a quash of this case.

T. Kalaiselvan, Advocate (Advocate) 21 November 2015

First of all try to obtain AB for all those people who have been listed as accused in the FIR, get them enlarged on bail afterwards discuss with your advocate in details about all the details and evidences in your possession to challenge and defend her false cases slapped on your people. Dont rush with too many things now itself and get exhausted so soon, the journey of trial is bit long, you can decide about all such things during trial.

santosh kumar anand (Assistant Professor) 21 November 2015

Dear friend, You have married a wrong girl. Its a mistake, not a crime. So why to go on hiding. My suggestion is come forward and face the consequences bravely. Fight it till they are ready for MCD that too without alimony and maintainance.